11. Burden and standard of proof Flashcards
Who has the legal burden of proof in a case of insanity?
The defendant to the standard of a balance of probabilities
Who has the legal burden to prove a defence of a diminished responsibility?
The defendant to the standard of a balance of probabilities.
Who has the legal and evidential burden to prove a defence of a diminished responsibility?
The defendant has the evidential burden to raise the defence as an issue. The Crown has the legal burden to the standard of beyond reasonable doubt.
What is the order of a defendant raising self defence? What do the prosecution have to do? What is the role of the tribunal?
- The Defence must adduce sufficient evidence on the issue of self-defence to justify, as a possibility, a favourable finding on that issue.
- The tribunal of law will decide whether this burden has been discharged.
- The Crown must prove that The Defence was not acting in self-defence to the standard of beyond reasonable doubt.
- The tribunal of fact will decide whether this burden has been discharged.
In alibi cases who has the legal and evidential burden?
The defence has the evidential burden. The prosecution has the legal burden to the standard of beyond reasonable doubt.
Where the defendant is in possession of stolen goods a court may infer guilty knowledge or belief if the defendant offers no explanation to account for possession or if satisfied that the explanation is untrue. True or false? Which case?
True (R v Smythe (1981) 72 Cr. App. R. 8. CA)
In dangerous driving cases, the burden of proof is on the defendant to the standard of a balance of probabilities. True or false?
False; for dangerous driving the usual rules apply.
In driving without insurance cases; the burden of proof is on the defendant to the standard of a balance of probabilities. True or false?
True;
Where a mechanical device is usually working; there will be an evidential burden on the Claimant to show that it wasn’t. True or false?
True
