Burden of proof in criminal cases

Sierra Leone — Court of Appeal · 2014

Principle established: In criminal cases involving the handling of project funds, the prosecution must establish the specific legal obligation of the accused to deal with the property in a particular manner.

Sierra Leone — Court of Appeal · 1963

Principle established: A judge's omission to expressly direct assessors on the burden of proof will not invalidate a murder conviction if the summing-up as a whole adequately instructs them on reasonable doubt.

Sierra Leone — Court of Appeal · 1963

Principle established: A trial judge's failure to specifically direct assessors that the burden of proof rests on the prosecution does not invalidate a conviction where the summing-up taken as a whole is sufficient.

Sierra Leone — Supreme Court · 1961

Principle established: The burden of proof in criminal cases rests solely on the prosecution, and any shifting of the burden to the accused to establish innocence vitiates a conviction.

Sierra Leone — Court of Appeal · 1962

Principle established: A conviction cannot stand where it is founded solely on an accused person's statement that simultaneously incriminates the accused and denies guilt.

Sierra Leone — Court of Appeal · 1962

Principle established: A criminal conviction must be set aside where it is based on a statement by the accused that equally incriminates and exculpates him.

Sierra Leone — African Law Reports · 1964-66

Principle established: Criminal negligence grounding a conviction for manslaughter requires a gross disregard for human life and safety amounting to a crime against the state.

Sierra Leone — African Law Reports · 1964-66

Principle established: Criminal negligence sufficient to support a conviction for manslaughter requires conduct going beyond mere civil compensation and showing a reckless disregard for the life and safety of others.

Sierra Leone — Supreme Court · 1963

Principle established: A licensed diamond dealer may be found in unlawful possession of diamonds in a dealing area, and the court must call upon the accused to account for possession.

Sierra Leone — Supreme Court · 1963

Principle established: A diamond dealer may be guilty of unlawful possession in a dealing area, and an unproven speculative purchase date cannot sustain a conviction.

Sierra Leone — Court of Appeal · 1963

Principle established: To secure a conviction for perjury under the Perjury Act 1911, the prosecution must establish prima facie proof that the impugned statement was false.

Sierra Leone — Court of Appeal · 2021

Principle established: The prosecution must prove that the document or statement alleged to constitute perjury is false, and in the absence of such proof the conviction cannot stand.

Sierra Leone — Court of Appeal · 1963

Principle established: In a perjury prosecution, the Crown must prove the falsity of the statement; failing such proof, there is no case to answer under the Perjury Act, 1911.

Sierra Leone — Supreme Court · 1989

Principle established: Overt acts in a treason indictment operate as particulars rather than distinct offences; proof of one overt act suffices, and conspiracy to overthrow the government constitutes a valid overt act.

South Africa · 2022

Principle established: To secure a murder conviction on the basis of common purpose with dolus eventualis, the State must prove beyond reasonable doubt that the accused actively associated with the criminal conduct and foresaw the fatal result.

Sierra Leone — Court of Appeal · 2022

Principle established: In criminal trials, the prosecution bears the burden of proving the accused's guilt beyond reasonable doubt, and procedural requirements for the mode of trial must be strictly observed.

Sierra Leone — African Law Reports · 1920-36

Principle established: Despite rules regarding facts peculiarly within an accused's knowledge, the prosecution retains the initial burden of proving a prima facie case in a criminal trial.

Sierra Leone — Court of Appeal · 1956

Principle established: In criminal libel, a plea of justification admits the defamatory nature and publication of the statement, shifting the evidential burden to the accused to prove truth and public benefit.

Sierra Leone — Supreme Court · 1962

Principle established: A careless driving conviction cannot stand without evidence supporting the finding of excessive speed, and the complainant's breach of the Highway Code may be relied upon to negative the accused's liability.

Sierra Leone — Supreme Court · 1962

Principle established: A careless driving conviction must be set aside where unsupported by evidence of excessive speed, and a complainant's breach of the Highway Code may be relied upon to negative the accused's liability.

Sierra Leone — Supreme Court · 1960

Principle established: A judge sitting alone cannot convict an accused merely because he disbelieves his explanation where that defence might reasonably be true.

Sierra Leone — African Law Reports · 1964-66

Principle established: Colliding with the rear of a vehicle is not by itself proof of driving without due care; where inevitable accident is raised, the prosecution must disprove it and prove lack of care.

Uganda · 2024

Principle established: The prosecution bears the burden of proving the charge of murder beyond reasonable doubt, including the essential element of malice aforethought.

United Kingdom · 1935

Principle established: In criminal law, the prosecution bears the burden of proving the defendant's guilt beyond reasonable doubt, subject only to the defense of insanity or statutory exceptions.