*7-Burden and Standard of proof Flashcards
what is burden of proof
party who has to prove standard
what is standard of proof
degree of probability required
what is general rule
prosecution proves beyond reasonable doubt
what is defence legal burden
some defences must be proved on the balance of probabilities
what is evidential burden
if there is evidence of a defence some defences have evidential burden so prosecution have to disprove
woolmington v dpp
prosecution role to prove guilt
what is the presumption of insanity
that someone is sane and it is a balance of probabilities to them being insane
m naughten rules
what are the statutory exceptions
this is when defence must be more likely then not “by necessary implication”
this is dependant on certain criminal statutes
what defences have evidential burden
self defence loss of control necessity duress consent in sexual offences
what do lambert and the coroners and justice act 2009 say about evidential burden
prosecution prove other wise through evidence
miller v ministry of pensions
beyond reasonable doubt does not mean that it is impossible
echr article 6 states what
that someone is innocent until proven guilty
when finding burden it should be looked at in proportion
what case introduced idea of “read down”
r v dpp
what is a read down
reversal of evidential burden to the defence team
when is there a read down
first it must be looked at within the act whether burden could be shifted
is there a compelling reason for there to be a reverse burden. seriousness and events around offence
must be in proportion to aim (basically jury should support defence)
