Law Of Evidence And Proof

Question 1

Woolmington Principle

Answer 1

Presumption of innocence

Burden of proof lies clearly with the prosecution in relation to all elements of the offence

Question 2

Evidential Burden on Defence

Answer 2

Defence may wish to put up a defence to the charge. Prosecution under no obligation to negate all possible defences

Basic elements proved up to defencs to point to some evidence that suggest an explanation

E.g self defence

Question 3

Beyond Reasonable Doubt

Answer 3

Honest and reasonable uncertainty left in your mind about the guilt of the defendant after you have given careful and impartial consideration of all the evidence

Question 4

Balance of Probabilities

Answer 4

Where defense is required to prove a particular element (insanity) on the balance of probabilities, it simply must show thst it is more probable than not. If the probabilities are equal, the burden is not discharged