Machin v Ash
Posted By lanbuk.com
- Facts
- Machin v Ash sits with John v Humphreys. The charge is driving without an insurance certificate, and the accused, not the prosecution, must prove the excuse.
- Issue
- Who proves that a driver had a certificate of insurance?
- Held
- The burden is the driver's. John v Humphreys is the reported licence case beside it. Gatland is the reported case on 'lawful authority or excuse'.
- Principle
- A document the accused can produce, and the prosecution can prove only by a negative, is the kind of exception that is his burden, on the .
- Why it matters
- It is listed so the name here is not a dead end. The report itself should be cited for anything beyond that.
Words and Latin in this note
- Balance of probabilities
- The standard of proof in civil cases, and the standard when an accused bears a legal burden: the court asks whether something is more likely than not to have happened. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.