Presumptions

Question 1

To what extent are presumptions used ?

Answer 1

They are a starting point, however if the statute clearly states the opposite then the presumption will not apply and it is said the presumption is rebutted

Question 2

What is it called when a presumption does not apply if the statute clearly states the opposite?

Answer 2

it is rebutted

Question 3

How many main presumptions are there?

Answer 3

4

Question 4

What are the 4 main presumptions?

Answer 4

1) A presumption against a change in the common law
2) A presumption that mens rea is required in criminal cases
3) A presumption that the Crown is not bound by any statute unless the statue expressly says so
4) A presumption that legislation does not apply retrospectively

Question 5

What does it mean by the presumption against a change in the common law?

Answer 5

it is assumed that the common law will apply apply unless Parliament has made it plain in the Act that the common law has been altered

Question 6

What case is an example of the presumption against a change in the common law?

Answer 6

Leach v R 1912

Question 7

What was the case Leach v R 1912 regarding the question of?

Answer 7

question was whether a wife could be made to give evidence against her husband under the Criminal Evidence Act 1898

Question 8

What was the Act of Parliament in dispute in the case Leach v R 1912?

Answer 8

Criminal Evidence Act 1898

Question 9

What was the outcome of the case Leach v R 1912?

Answer 9

That as the Criminal Evidence Act 1898 had not expressly said that a woman should be made to give evidence against her husband then the common law rule that a wife could not be compelled to give evidence still applied

Question 10

What power now expressly states that in a crime of violence one spouse can be made to give evidence against the other spouse ?

Answer 10

s80 of PACE 1984

Question 11

What is meant by a presumption that mens rea is required in criminal cases?

Answer 11

the basic common law rule is that no one can be convicted of a crime unless it is shown that they had the required intention to commit it

Question 12

What case illustrates the presumption that mens rea is required in criminal cases?

Answer 12

Sweet v Parsley 1970

Question 13

What were the facts of the case in Sweet v Parsley 1970?

Answer 13

The defendant was the owners of the premises which had been leased out and the tenants had smoked cannabis there without knowledge

Question 14

What was the defendant charged with in Sweet v Parsley 1970?

Answer 14

D was charged with ‘being concerned in the management’ of the premises

Question 15

What was the key issue in Sweet v Parsley 1970?

Answer 15

key issue was whether mens rea was required as the Act did not expressly say there was any need for knowledge of the events

Question 16

What was the decision of the HOL in Sweet v Parsley 1970?

Answer 16

Held D was not guilty as the presumption that mens rea was required had not been rebutted

Question 17

What does it mean by a presumption that legislation does not apply retrospectively ?

Answer 17

This means that no Act of Parliament will apply to past happenings each Act will normally only apply from the date it comes into effect

(cannot be convicted of something you did 10 years ago which had been made law 10 years on)