R v Ferguson
1979 · 1 WLR 94
Posted By lanbuk.com
- Facts
- The appeal concerned the form of a direction on the criminal standard of proof. The question was what a judge should say, not whether this particular accused was guilty.
- Issue
- What is a sufficient direction on proof ?
- Held
- The Court of Appeal approved a direction that the prosecution must make the jury sure of guilt. 'Beyond reasonable doubt' and 'sure' are the same standard. The judge need not, and usually should not, try to define a doubt.
- Principle
- A model direction tells the jury to convict only if they are sure. It does not invite them to grade their doubts.
- Why it matters
- Put it beside Summers. Ferguson as the model and Walters as the warning to read the whole summing-up.
Words and Latin in this 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.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.