Burden + Standard

Question 1

Prosecution having legal burden

Answer 1

Woolmington (shooting wife ‘accidently’, prosecution had to prove accident)

Question 2

‘downgrading’ of burden to evidential only

Answer 2

s.3 Human Rights Act
Lambert (swore to be unaware of the substance in his possession)

Question 3

Reverse legal burden

Answer 3

s. 5(2) Road Traffic Act 1988 (can prove alcohol consumed after driving but before testing)
Sheldrake

Question 4

Reverse legal burden 2

Answer 4

Edwards (defence to prove he had a liquor license)

Question 5

Sanity/insanity

Answer 5

M’Naghten (defence = legal burden of proving it)