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law and evidence guidance

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law and evidence guidance
QUESTION

The House of Lords seemed to have settled the “golden rule” in Lord Sankey’s judgment in Woolmington v DPP [1935] AC 462, that in criminal cases, the prosecution always bears the legal burden of proof. Consider the proposition (statement) that the rule itself, and the current state of the law means that the rule is not as clear-cut as Lord Sankey would make us believe.
What is the current state of the law that affects the thinking of lord Sankey.

Is it the case that an intrusion into the “golden rule” denies the accused his right to a fair trial and the presumption of innocence? This means if golden rule not used therefore, burdern proof n defendant, therefore this effects his rights of a fair trail and is not presumped innocent.

ASSESSMENT INSTRUCTIONS

1. The word limit for the Evidence coursework assessment is 3000 words. This is the absolute maximum number of words permissible. Any words in excess of this limit will not be marked. You must certify the total number of words used at the end of your answer. The citation of cases, case names, statutes and books/articles in footnotes does not count towards this limit. However, footnotes containing any explanation, discussion or other similar text will count towards the word limit.

2. The reasons why we have a short, strict word limit are to:

a. Ensure that all assignments are judged on an equal footing.
b. Reflect the fact that while coursework is an important element in the assessment of the unit, it should not take up a disproportionate amount of a student’s time.
c. Encourage conciseness.

3. The submission date for your coursework assessment is published via Moodle. Work can, of course, be submitted early. Your work should be handed in the normal way.

If you are unable to submit your work on time, it will be subject to a penalty unless you can provide satisfactory evidence of exceptional factors. Please refer to the Student Hub for further guidance.

4. Your

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