Classic Quiz
Quiz General knowledge

Quiz Burden of Proof - 2

Diamondsareforever

Diamondsareforever
1 played - 11 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?

 

Expert QUIZ 23 QUESTIONS
expert
 
Question 1 / 23

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?

 
Question 2 / 23

What percentage of Crown Court statutes departed from Woolmington according to Ashworth & Blake (1996)?

 
Question 3 / 23

Who must prove insanity?

 
Question 4 / 23

In which case are the rules regarding insanity found?

 
Question 5 / 23

What does the insanity exception not apply to?

 
Question 6 / 23

What section of the Homicide Act 1967 contains diminished responsibility?

 
Question 7 / 23

Which section of the Magistrates' Court Act 1980 relates to implied statutory exceptions?

 
Question 8 / 23

Example of a pre-Woolmington law that imposed a burden on the defence by implication

 
Question 9 / 23

In which case did the Court of Appeal argue that there was a general principle similar to s 101 operating in the Crown Court?

 
Question 10 / 23

Which House of Lords case confirmed this case?

 
Question 11 / 23

Who argued that departure from Woolmington makes it easier to obtain criminal convictions?

 
Question 12 / 23

Who argued that reverse onuses were justified for regulatory offences?

 
Question 13 / 23

Which case held that Woolmington was only concerned with common law and not an express statutory provision thereby narrowing its scope?

 
Question 14 / 23

Who has argued that there was nothing to imply that Woolmington was intended to be extended past criminal offences in the true sense?

 
Question 15 / 23

Who argued that this approach draws an artificial distinction?

 
Question 16 / 23

Who argued that you should read Viscount Sankey's speech in its entirety?

 
Question 17 / 23

What may reverse onuses appear to conflict with?

 
Question 18 / 23

Which case suggested that this conflict would occur once the Human Rights Act was in force?

 
Question 19 / 23

Which case held that reverse onuses should be confined within reasonable limits?

 
Question 20 / 23

Who argued that reverse onuses present problems for the presumption of innocence?

 
Question 21 / 23

Which case held that the presumption of innocence was interfered with if a legal burden was imposed?

 
Question 22 / 23

Which case held that given the aims of the legislation any derivation did not go beyond reasonable limits?

 
Question 23 / 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?

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