Criminal Law: Theories and Principles

Lecture Overview

• Topic: Burden of Proof in Criminal Law
• Focus: Procedural elements, specifically criminal evidence within the adversarial system of the common law jury trial.
• Key Case: Wallington v. Director of Public Prosecutions (1935)

Presumption of Innocence

• Concept: Defendants are presumed innocent until proven guilty.
• Responsibility: The prosecution must prove the defendant's guilt.
• Defendant's Role: Not required to prove innocence or non-guilt.

Burden of Proof vs. Standard of Proof

• Burden of Proof: Obligation on the prosecution to prove the defendant's guilt.
• Standard of Proof: Evidence must meet a specific level to prove guilt.
  • Civil Cases: Balance of probabilities.
  • Criminal Cases: Higher standard, to be discussed in future lessons.

Key Case: Wallington v. DPP (1935)

• Facts:
  • Defendant: Reginald Warmington, a farm laborer.
  • Victim: Violet Warmington, his wife.
  • Incident: Reginald shot and killed Violet after she left the family home.
• Defense:
  • Claimed lack of mens rea (intent) to kill.
  • Argued the shooting was accidental, intended to threaten self-harm to reconcile with Violet.
• Outcome: Confirmed the presumption of innocence in criminal law.
• Significance: Judge Viscount Sankey highlighted the "golden thread" of English criminal law, i.e., the duty of the prosecution to prove guilt.

Judge Swift's Reversal of Onus

• Initial Trial: Judge Swift placed the burden of proof on the defendant due to strong evidence against him.
• Rebuttal: This was challenged and led to affirming the presumption of innocence.

Reverse Onus Offenses

• Exceptions:
  • Some offenses place the burden of proving non-guilt on the defendant.
  • Controversial and sometimes discriminatory.
• Example: Terrorism legislation (Terrorism Act 2000)
  • Section 57(1): Possession of an article with reasonable suspicion of terrorist intent.
  • Defendant must prove the article is not for terrorism-related purposes.

Conclusion

• The burden of proof is a fundamental principle in ensuring justice within the adversarial system.
• Certain statutes may create exceptions, leading to debates on fairness and discrimination.