Burden + Standard Flashcards
1
Q
Prosecution having legal burden
A
Woolmington (shooting wife ‘accidently’, prosecution had to prove accident)
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)
3
Q
Reverse legal burden
A
s. 5(2) Road Traffic Act 1988 (can prove alcohol consumed after driving but before testing)
Sheldrake
4
Q
Reverse legal burden 2
A
Edwards (defence to prove he had a liquor license)
5
Q
Sanity/insanity
A
M’Naghten (defence = legal burden of proving it)