Classic Classic Quiz Burden of Proof - 2 by Diamondsareforever Diamondsareforever 1 played - 9 yrs ago This quiz relates to answers to be given to the question : If Woolmington v DPP (1935) established a fundamental principle of evidence law, how and why is the burden of proof so often reversed? QUIZ 23 QUESTIONS expert 1 Which case held that once the defendant had raised the issue that the killing was an accident it was up to the prosecution to prove that it was not? Woolmington v DPPMcNaughtenR v EdwardsR v HuntPublic Prosecutor v Yuaraj 2 What percentage of Crown Court statutes departed from Woolmington according to Ashworth & Blake (1996)? 1%40%19%96%35% 3 Who must prove insanity? NobodyThe defendant but it is only an evidential burdenParty alleging insanityProsecutionThe judge 4 In which case are the rules regarding insanity found? WoolmingtonR v EdwardsR v HuntMcNaughtonPublic Prosecutor v Yuaraj 5 What does the insanity exception not apply to? Non-insane automatismInsane automatismInsanityDiminished responsibility 6 What section of the Homicide Act 1967 contains diminished responsibility? 98152 7 Which section of the Magistrates' Court Act 1980 relates to implied statutory exceptions? 2101195367 8 Example of a pre-Woolmington law that imposed a burden on the defence by implication InsanityGame lawsPossession of indecent imagesDefence to possession of indecent imagesDiminished responsibility 9 In which case did the Court of Appeal argue that there was a general principle similar to s 101 operating in the Crown Court? R v DPP ex parte KebileneR v EdwardsR v HuntWoolmington v DPPPublic Prosecutor v Yuaraj 10 Which House of Lords case confirmed this case? R v HuntR v EdwardsWoolmington v DPPPublic Prosecutor v YuarajR v DPP ex parte Kebeline 11 Who argued that departure from Woolmington makes it easier to obtain criminal convictions? GloverSpencerSimilster and SullivanGloverRoberts 12 Who argued that reverse onuses were justified for regulatory offences? GloverSimister and SullivanGlanvilleStumerRoberts 13 Which case held that Woolmington was only concerned with common law and not an express statutory provision thereby narrowing its scope? Salabiaku v FranceLambert, Ali & JordanSheldrakePublic Prosecutor v YuarajR v DPP ex parte Kebilene 14 Who has argued that there was nothing to imply that Woolmington was intended to be extended past criminal offences in the true sense? Simister and SullivanGlanvilleGloverStumerRoberts 15 Who argued that this approach draws an artificial distinction? GloverStumerSimistar & SullivanRobertsGlanville 16 Who argued that you should read Viscount Sankey's speech in its entirety? GlanvilleGloverStumerRobertsSimister and Sullivan 17 What may reverse onuses appear to conflict with? ECHR, art 6(2)ECHR, art 6(1)ECHR, art 9(1)ECHR, art 8ECHR, art 1 18 Which case suggested that this conflict would occur once the Human Rights Act was in force? Salabiaku v FranceLambert, Ali & JordanPublic Prosecutor v YuarajWoolmington v DPPR v DPP ex parte Kebilene 19 Which case held that reverse onuses should be confined within reasonable limits? Salabiaku v FranceLambert, Ali & JordanPublic Prosecutor v YuarajWoolmington v DPPR v DPP ex parte Kebilene 20 Who argued that reverse onuses present problems for the presumption of innocence? RobertsStumerSimister & SullivanGlanvilleGlover 21 Which case held that the presumption of innocence was interfered with if a legal burden was imposed? LambertR v DPP ex parte KebileneSalabiaku v FranceLambert, Ali & JordanSheldrake 22 Which case held that given the aims of the legislation any derivation did not go beyond reasonable limits? SheldrakeWoolmington v DPPMcNaughtonR v EdwardsR v Foye 23 Who argued that arguments that there was a breach of the presumption of innocence wrongly conflated substantive criteria of criminal liability with procedural doctrines of evidence and proof? RobertsCoeAshworthBlakeStuesser A mistake in this Quiz ? Contact the author Commentaires
