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. What is the correct answer in this scenario?
X is facing trial tor causing grievous bodily harm to Z. X claims self-defence in that he saw Z approach him carrying a cross-bow.

The legal burden and evidential burden to prove self-defence is on X. correct incorrect

The legal and evidential burden to introduce the question of self-defence is on the prosecution correct incorrect

The legal burden on the issue of self-defence is on the prosecution and the evidential burden of introducing the issue is on X correct incorrect

The evidential burden on this issue is on the prosecution and the legal burden on X. correct incorrect

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. Which of the following statements best summarises the decision in Woolmington v DPP (1935)?

There are no exceptions to the common law principle that the legal burden in a criminal trial must remain throughout on the prosecution correct incorrect

The only exception to the burden of proof being on the prosecution is the defence of insanity correct incorrect

The only exception to the burden of proof being on the prosecution is where a statute creates such an exception correct incorrect

There are two exceptions to the common law rule that the burden of proof must remain on the prosecution, namely the defence of insanity and statutory provisions correct incorrect

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. Which of the following statements gives a correct account of the judgement in R v Hunt (1987) in cases where the courts have to decide whether the statute requires a shift of the burden of proof?

In R v Hunt the burden of proof on the amount of morphine in the alleged drug was placed on the defendant correct incorrect

One of the factors to consider was the mischief the statute was addressing correct incorrect

The court should not bear in mind the practical problems in allocating the burden of proof, including who would find the burden easier to discharge correct incorrect

The court should not examine the seriousness of the offence which could resolve ambiguity in favour of the defence correct incorrect

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. Which case does this scenario apply to?
The defendant was charged with breaching provisions of the Health and Safety at Work Act 1974, following an accident in which an employee who was driving a dumper truck was killed when the lorry load fell on him. The House of Lords considered the allocation of the burden of proving the statutory defence, that it was not reasonably practicable for the employer to do more than in fact was done. The House held that it was for the defendant employer to prove it was not reasonably practicable to provide safe conditions.

R v Chargot (2009) correct incorrect

Sheldrake v DPP (2005) correct incorrect

R v Johnstone (2003) correct incorrect

R v Keogh (2007) correct incorrect

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. According to Dennis (2005, pp. 908-916) there are a number of factors for the courts to consider in deciding whether a reverse burden should apply. Which of the following statements accurately reflects this?

There are ten factors to consider correct incorrect

The factors to consider are identical to those in R v Edwards (1975) correct incorrect

There are six factors to consider and they do not include the question of judicial deference correct incorrect

There are six factors to consider and these include the significance of the maximum penalties for the offence correct incorrect

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. Dennis (2005 p. 920) refers to a 'foundational principle' in relation to the allocation of the burden of proof. Which of the following best describes this principle?

In cases involving moral blame the burden of proof should be on the prosecution correct incorrect

The burden of proof should never shift to the defence correct incorrect

The burden of proof should only shift to the defence in summary trials correct incorrect

Where the burden of proof shifts to the defence the standard of proof should be the beyond reasonable doubt correct incorrect

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. Which of the following statements is correct?

In criminal cases where the burden of proof is on the prosecution, the standard of proof may vary according to the seriousness of the offence correct incorrect

The standard of proof in criminal cases where the burden is on the defendant is the balance of probabilities correct incorrect

The standard of proof in criminal cases where the burden is on the prosecution is the balance of probabilities correct incorrect

The standard of proof in civil cases is beyond reasonable doubt correct incorrect

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. Gloria, a civil servant, is facing prosecution under the Official Secrets Act 1989, having handed to an MP's researcher a copy of a letter from the PM to the US President referring to military action in Iraq. Sections 2 and 3 of the Act require the defendant to prove that he did not know and had no reasonable cause to believe the disclosure of the secret information would be damaging. The trial judge, in a preliminary ruling, concluded that the Act infringed the presumption of innocence, but this was justified in the circumstances. Does Gloria have grounds of appeal?

No because of the supremacy of Parliament. correct incorrect

No because of national security issues. correct incorrect

Yes because even if the defendant had reasonable cause to believe that the information related to defence, or that disclosure was likely to be damaging, it was for the Crown to present evidence on this. correct incorrect

Yes because the presumption of innocence is an absolute principle correct incorrect

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. One of the following cases was decided in the House of Lords. Which one is it?

R v Hunt (1987) correct incorrect

R v Keogh (2007) correct incorrect

R v Edwards (1975) correct incorrect

R v Bentley (2001) correct incorrect