F3.44 – Alibi Flashcards
(i) If alibi is used as a defence, who has the burden of proving it?
(ii) Under what circumstances must the judge give the jury direction on this matter?
(i) It is for the prosecution to negative the alibi.
(ii) There is no rule of law that in every case where alibi is raised the judge must specifically direct the jury but they must do so direction if there is a danger of the jury thinking that an alibi, because it is called a defence, raises some burden on the defence to establish it.
(Wood (No. 2) (1967) 52 Cr App R 74 per Lord Parker CJ).
In Mussell [1995] Crim LR 887, it was held that a special direction is necessary if the nature of the alibi is that the accused was at a specific place elsewhere, raising the question why the accused did not call witnesses in support, but is unnecessary if the evidence amounts to little more than a denial that the accused committed the crime.
It is a common and good practice to give such a specific and additional direction in any event.
(Preece (1992) 96 Cr App R 264); and ideally it should be given (Anderson [1991] Crim LR 361; Johnson [1995] Crim LR 242).
