Burden of proof in civil and criminal Cases Flashcards
what article of the constitution talks about the burden of proof
Article 38.1 provides right to trial in due course of law
who bears the burden of proof in a criminal case
Walsh J inThe People (AG) v Quinn - the onus remains throughout upon the prosecution to establish that the accused is guilty of the offence charged.
what is the standard of proof in a civil case
In a civil case, the standard of proof is the balance of probability.
Denning J inMiller v Minister of Pensionsstated that the civil standard ‘must carry a reasonable degree of probability, not so high as is required in a criminal case.
what is the difference between the standard of proof in a criminal case and that of a civil case?
In a criminal case, the prosecution is required to prove every element of the offence charged beyond reasonable doubt.
In a civil case, the balance of probabilities resolves an issue as to whether a party has proved a fact in issue by deciding it as being more likely than not that a fact contended for occurred.
who bears the burden in a self defense case
It was established in the case of Hardy v Ireland. Burden is on the prosecution to negative the defense.
it was established Dpp v Barnes that where there is a defence of the dwelling and the bulgar kills the owner, he has exclusive knowledge of the death, burden shifts to him.
who bears the burden in a when proving insanity?
Hardy v Ireland - Must be established by the accused (defense)
who bears the burden in a when proving Duress?
AG v Whelan- Ct suggested that it must be clearly shown that the def.s will was overthrown. However in DPP v. Dickey Mc Cracken J held that the onus is on the prosecution to show that the defendant was not acting under duress, and the burden is not on the def.
who bears the burden in a when proving Res Ips Loquiter?
Hanrahan v Merck, Sharp & Dohme - Where an element of the tort lies or is is deemed to lie within the peculiar knowledge of the def - burden shifts
what is the legislation for diminished responsibility?
Defence is governed by s.6(1) of the insanity act and (6)2 reverses the burden
what is the standard of proof for insanity
S.5(1) Criminal Law Insanity Act 2006
– must prove on balance of probabilities.
presumptions surrounding legitimacy
Where a child is born, it is presumed to be the husband’s child unless he was impotent, sterile or had no access to
the wife at time of conception.
presumptions surrounding accidental death
Harvey v. Ocean Accident and Guarentee company
- Where the victim died in water, held that there is a presumption that it was an accident rather than a crime.
Presumed to have died accidentally where reason is known – save for suicide.
presumptions surrounding illegitimacy
Hertherington v. Hetherington
- If a child is conceived after marriage breaks down, presumption of illegitimacy unless it can be be shown they
had sex after separation.
- These were before DNA etc.
presumptions surrounding marriage
Piers v. Piers
- HOL held that if 2 people intended to marry, it is presumed that they met all requirements and had capacity to
enter, of age and not previously married.
presumptions surrounding death
Chard v. Chard
- A person is presumed dead where 7 years have passed with no communication and evert reasonable attempt was
made to contact him.
