SQE Daily.

The legal burden and standard of proof where the defendant claims accident (Woolmington v DPP)

Sofia Romano is tried in the Crown Court in England for unlawful wounding. The prosecution proves that the victim was cut by a glass Sofia was holding. Sofia gives evidence that the injury was a pure accident caused when she stumbled. There is no statutory provision placing any burden on her.

How should the judge direct the jury on the burden and standard of proof?

Choose one answer to see the reasoning.

  1. Criminal Law · FLK2No. L062

    Diminished responsibility: elements, burden and effect (Homicide Act 1957, s.2)

    Which of the following best describes how the defence of diminished responsibility operates in Oliver's case?

  2. Contract · FLK1No. 45

    Damages for negligent misrepresentation and the reverse burden of proof (Misrepresentation Act 1967 s.2(1))

    Which of the following best describes Tom's position if he claims damages under the Misrepresentation Act 1967?

  3. Criminal Practice · FLK2No. 42

    Extending detention without charge from 24 to 36 hours (PACE 1984 ss.41 and 42)

    Which of the following best describes how Hannah's detention without charge may be extended?