Criminal Tute 1 Evidentiary burden · The burden of adducing sufficient evidence on a single issue to warrant the jury/magistrate being allowed to consider it ? Distributed between P and D according to what issues they are required to prove. Standard of Proof for Evidential Burden ? No fixed quantum for the either party. Requires 'sufficient' or 'prima facie' evidence only. Braysich v The Queen [2011] HCA 14 read it in CM Legal" or Persuasive Burden · the burden of proving an issue which is part of one's overall case . Ordinarily on the prosecution: Woolmington v DPP [1935] AC 462 ? Some instances of 'reverse onuses': e.g., Defences of Insanity, Diminished Responsibility, and certain statutory reversals eg. S304(7ffi provocation, ss215(5ffi UCK, s222(4ffi incest. Standard of Proof for Legal Burden For prosecution: ? 'beyond reasonable doubt': Woolmington [1935] AC 462; Gonclaves v R (1997ffi 99 A Crim R 193 read it in CM ; R v Punj (2002ffi QCA 333 read it in CM ? For accused: ? 'the balance of probabilities': Carr-Briant [1943] 1 KB 607 COMMITTAL To ensure that a defendant is not put on trial on indictment without sufficient cause (necessary to establish a 'prima facie' case (see Doneyffi - accused can concedeffi · Mag can commit on different offence to that charged . To allow the defendant to learn the case against them v To marshal the evidence into deposition (writtenffi form EX-OFFICIO INDICTMENT · Indictment presented regardless of committal (s 561 CCffi · Uses: · Most commonly when requested by acc to bypass committal on a plea of guilty · Enable pros to dispense with committal - Pros can use when there has been no committal or where Mag has refused to commit/committed on a different charge Subject to test of fairness (Barton v R (1980) 147 CLR 75.ffi
PROSECUTION DISCLOSURE Section 590AB (CCffi: Full and early disclosure required of (affi All evidence to be used (bffi All things in the possession of the prosecution that would tend to help the case for the accused (Note R v Button [2001] QCA 133ffi (cffi In possession of prosecution includes things which AO or Pros is aware of & would be able to locate without unreasonable effort (s 590AE(3ffiffi Section 590AH: Mandatory disclosure required of acc's crim history, copy of any statement by acc, copy of statements of proposed W's Section 590AJ: Disclosure on request (affi R v Rollason & Jenkins; ex parte A-G (Qld) [2007] QCA 65 Sections 590AO-590AQ: Qualifications on certain disclosure INDICTMENT Like a formal accusation Charge must include matters required to be proved (s565(effiCCffi Must state (s564CCffi: · type offence with necessary particulars · time, place, victim & property (where relevantffi · aggravating circumstances (R v McGoldrick [1995] 1 Qd R 553ffi NOLLE PROSEQUI The way that prosecution drops all or any charge on indictment · in writing (s563CCffi ? Nolle may be refused if it may result in an abuse of process "The entry of a nolle prosequi at the final stages