F3.6 – the general rule

Question 1

What is the general rule relating to the legal burden of proof?

Answer 1

The prosecution bear the legal burden of proving all the elements in the offence necessary to establish guilt (Woolmington v DPP [1935] AC 462).

Question 2

In the case of Woolmington, why did the HOL hold Swift J’s direction to the jury that, once it was proved that D shot his wife, D bore the burden of disproving malice aforethought a misdirection?

Answer 2

Viscount Sankey LC said, at pp. 481-2:

But while the prosecution must prove the guilt of the prisoner, there is no such burden laid on the prisoner to prove his innocence and it is sufficient for him to raise a doubt as to his guilt; he is not bound to satisfy the jury of his innocence …