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Law of Evidence
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- Words:
- 2402
- Submitted:
- Sat Mar 22 2008
- Mark submitted by Author:
... Q1 i. The legal burden is defined as the burden of proving facts and is determined by a fact finder. In this instance as it is a criminal case the fact finder would be the jury or a magistrate. In criminal law the prosecution has to prove the legal burden of proving every element of the offence charged and has to disprove any defences raised beyond reasonable doubt as illustrated in the case of Woolmington v DPP1. The legal burden of proof would have to be proven by the prosecution. This means that the prosecution has to prove that Frederick had drunk alcohol prior to the incident to obtain a valid conviction. This is shown by the concept of 'the golden thread' by Viscount Sankey where he stated "No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part
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