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INTRODUCTION
The burden of proof is the obligation on a party to establish the facts in issue
in a case to the required degree of certainty (the standard of proof) in order to
prove their case.
The general principle, laid down in Woolmington v DPP is that the burden is
on the prosecution to prove the facts essential to their case.
The exceptions to this general principle are where a statute expressly places
the legal burden on the accused (e.g.“it shall be for the defendant to prove
....”) or where on interpreting the statute, it implies that the burden is on the
accused.
This will usually be the case only in minor offences, where the defendant
relies on some form of exemption, or permission to do something, such as
licensing matters.
If a defendant does have the legal burden he will only have to discharge it on
the balance of probabilities (the civil standard of proof - see below).
The general rule is that “he who asserts must prove”, i.e., the burden rests
with the plaintiff (the party bringing the action).
EVIDENTIAL BURDEN
This rule mainly refers to the burden on a defendant to put forward evidence
of provocation, self defence or alibi etc.
When enough evidence has been raised, the prosecution would then have to
disprove that evidence to the required standard of proof.
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