Burden Of Proof Flashcards
(15 cards)
What is the burden of proof in a criminal trial?
The prosecution must prove the accused’s guilt beyond a reasonable doubt.
What case is known as establishing the ‘golden thread’ of criminal law?
Woolmington v DPP [1935] AC 462 – The prosecution must prove guilt; the accused does not have to prove innocence.
Where is the presumption of innocence protected in Irish law?
Under Article 38.1 of the Constitution (‘due course of law’) and recognized in O’Leary v AG [1993] 1 IR 102.
What is the standard of proof in criminal cases?
Beyond a reasonable doubt – high probability, not certainty.
Miller v Minister for Pensions [1947].
What is the evidential burden?
The burden to introduce enough evidence to raise an issue that the jury must consider.
What happens when an accused raises a defence like provocation or intoxication?
The prosecution must disprove the defence beyond a reasonable doubt.
AG v Quinn [1965] IR 366.
Can the burden of proof shift to the accused in any circumstances?
Yes, in limited exceptions such as insanity or certain statutory provisions.
Name a case where the presumption of innocence was upheld as a constitutional right.
People (DPP) v DO’T [2003] 4 IR 286 – Hardiman J confirmed its constitutional and structural importance.
What statute allows inference from silence during Garda questioning?
Criminal Justice Act 1984, sections 18 & 19.
e.g., Rock v Ireland [1998] 2 ILRM 135.
Which statute creates a reverse burden in drug cases?
Misuse of Drugs Act 1977, s.15(2) – Presumes intent to supply based on drug quantity unless proven otherwise.
What is the ‘peculiar knowledge’ principle?
In certain offences, where the accused has special knowledge of facts, they may bear a limited burden.
e.g., Minister for Industry and Commerce v Steele [1952] IR 301.
What European Convention right protects the presumption of innocence?
Article 6(2) ECHR – Everyone charged is presumed innocent until proven guilty.
What did the House of Lords decide in R v Lambert [2002]?
A legal burden on the accused was found disproportionate and contrary to Article 6(2) ECHR.
Is silence alone enough to convict under ss. 18–19 CJA 1984?
No. Inferences may be drawn, but a person cannot be convicted solely on silence.
Rock v Ireland.
How does McGowan v Carville [1960] support the presumption of innocence?
It reaffirmed that the burden always rests with the State, not the accused.
