R v Carr-Briant
1943 · KB 607
Posted By lanbuk.com
- Facts
- Carr-Briant, a public officer, was charged with corruption under the Prevention of Corruption Act 1906. The statute provided that a received from a person seeking a contract was deemed to have been paid corruptly unless the contrary was proved. The trial judge directed the jury that he had to discharge that burden as fully as the prosecution had to prove the rest of the case.
- Issue
- When a statute puts a burden on the accused, what is the standard of proof?
- Held
- The Court of Criminal Appeal quashed the . Humphreys J said the accused must prove the defence on the . He does not have to prove it .
- Principle
- A on the accused is discharged on the balance of probabilities.
- Why it matters
- It is the standard for insanity and for every statutory exception. It is not the standard for an .
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.
- Beyond reasonable doubt
- The high standard of proof in criminal cases: the prosecution must prove guilt so that the tribunal is sure. It is short of certainty, and it is not a mere shadow of a doubt. Open the note.
- Evidential burden
- The duty to point to enough evidence to put an issue before the court. On provocation, self-defence, duress, alibi and similar defences, the accused bears only this burden. The prosecution must then disprove the defence beyond reasonable doubt. Open the note.
- Consideration
- The price of a promise: something of value given, or promised, in return. A bare promise to make a gift has none. Open the note.
- Legal burden
- The obligation to prove a fact to the required standard, or lose on that issue. In crime it is on the prosecution, beyond reasonable doubt, except for insanity and a statutory exception, which the accused proves on the balance of probabilities. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.