The Shift of the Burden of Proof
There is a different standard of proof depending of who raised the defence of insanity (Defence or Prosecution)
Prosecution - Must be beyond reasonble doubt
Defence - Balance of probibility
( This is likely to confuse the jury)
Wollmington v DPP (1935) -
The burden of the prosecution must prove the Offence not the Defence
The defendant must prove that he is insane, This places the burden of proof on them
( Breaches Human Rights act - Innocent until proven guilty)
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