R v Gill
1963 · 1 WLR 841
Posted By lanbuk.com
- Facts
- Gill took a lorry. He said two men had threatened him with violence if he did not, and that he had driven it off under that threat. The defence was duress. The summing-up was challenged on where the burden lay.
- Issue
- Who must prove duress?
- Held
- The Court of Criminal Appeal held that the accused must point to evidence fit to leave duress to the jury. If he does, the prosecution must destroy that defence . On the facts the stood, because the direction had not withdrawn the defence.
- Principle
- Duress is an . It is not a on the .
- Why it matters
- lists it with , self-defence, drunkenness, and alibi. One sentence here calls the evidential burden a balance of probabilities. These cases are the clearer statement: the accused raises the issue, and the prosecution disproves it.
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.
- 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.
- Provocation
- A partial defence to murder in Sierra Leone. The accused lost self-control because of provocative conduct, and a reasonable person with the accused's characteristics might have done as he did. It reduces murder to manslaughter. It is not a defence to any other crime. Open the note.
- Automatism
- An act done by the muscles without control by the mind, such as a spasm, a reflex, or a blackout. An external cause can be a complete defence. An internal cause, such as epilepsy, is treated as insanity. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.