Burden + Standard Flashcards

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1
Q

Prosecution having legal burden

A

Woolmington (shooting wife ‘accidently’, prosecution had to prove accident)

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2
Q

‘downgrading’ of burden to evidential only

A

s.3 Human Rights Act
Lambert (swore to be unaware of the substance in his possession)

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3
Q

Reverse legal burden

A

s. 5(2) Road Traffic Act 1988 (can prove alcohol consumed after driving but before testing)
Sheldrake

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4
Q

Reverse legal burden 2

A

Edwards (defence to prove he had a liquor license)

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5
Q

Sanity/insanity

A

M’Naghten (defence = legal burden of proving it)

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