The Basis of Criminal Liability

R v Woolmington [1935] - it is the duty of the prosecution to prove that the defendant is guilty, and not the duty of the defendant to prove that they are innocent. 

R v DPP, ex p Kebilene [1999] - the defendant can receive a fair trial under a statute (which must comply with Article 6) when the burden of proof of some element of the defence is reversed to him. 

Salabaiku v France [1998] - a reverse burden of proof on the defendant must be reasonable and proportionate in its reversal. 

R v Lambert [2002] - Lord Steyn said that the courts must focus on the extent to which the reversal is connected to the moral dimension of the offence through the mens rea requirement, which is closely linked to the issue on whether the offence is 'truly criminal' or regulatory in nature. The burden is on the…