Briefcase on Evidence (Briefcase) by Philips

By Philips

The legislation of facts has gone through major adjustments over the past 5 years. Legislative reform has incorporated new ideas at the correct to silence, rumour proof, the facts of youngsters and lots more and plenty extra. There have additionally been quite a few judgements through the courtroom of attraction and the home of Lords that have sought to interpret, observe and enhance the legislative framework extra. particularly, contemporary instances have handled the translation and alertness of vital laws in terms of, for example, the fitting to stay silent and using improperly acquired proof. This quantity includes notes on most of these significant situations and likewise contains the appropriate laws alterations, equivalent to the hot ideas relating to the exam of complainants in instances of secual offences as inside the formative years Justice and felony facts Act 1999.

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1 The general rule is that the prosecution has the burden of proving all the facts in issue Woolmington v DPP (1935) HL The defendant was charged with the murder of his estranged wife. He claimed that he had been trying to persuade her to return to him by threatening to shoot himself and that the gun had gone off accidentally. The trial judge directed the jury that, once the prosecution proved the fact of killing, it was for the defence to prove the absence of malice. Held The House of Lords held that this direction was wrong.

C v DPP (1995) HL The defendant was a boy aged 12, charged with interfering with a motorcycle with intention to commit theft, contrary to s 9(1) of the Criminal Attempts Act 1981. The prosecution contended that the presumption of doli incapax had been rebutted by evidence that he had damaged the motorcycle and had run away from the police. He was convicted and appealed. The Court of Appeal ruled that the presumption was no longer good law and it was no longer necessary for the prosecution to rebut it.

Per Lord Denning MR: The cleaning company in this case did not show what happened to the carpet. They did not prove how it was lost. They gave all sorts of excuses for nondelivery and eventually said it had been stolen. Then I would ask: by whom was it stolen? Was it by one of their own servants? Or with his connivance? Alternatively, was it delivered by one of their own servants to the wrong address? The defendant had not answered any of these questions and accordingly they were liable. Note This case is often cited as authority for the proposition that the burden of proof is on the party who would find it easiest to discharge.

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