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Golden Threat Rule Analysis

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In the case of Woolmington v DPP , Woolmington was charged with murdering his wife but he raised the defence that he had shot her accidentally. The trial judge instructed that after the prosecution proved that Woolmington had shot his wife then Woolmington bore the legal burden (hereinafter referred as 'LB') of proving his argument that it was a pure accident. In this circumstances, the court was meaning that the defendant bore the burden of establishing any defence he wished to rely on. However, the House of Lords (hereinafter referred as HOL) held that it was a misdirection and rejected this approach. Viscount Sankey LC stated, which is now a famous passage named the golden threat rule: “ Throughout the web of the English Criminal Law one golden thread is always to be seen, that it is the duty of prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of …show more content…
First, an accused who raises the defence of insanity or insane automatism bear the LB of proving it. Insanity is the only exception in common law which the accused is required to bear the LB. This can be traced back to the M'Naghten rules that were promulgated in M'Naghten's Case . The justification is based on the difficulty of disproving false claims of insanity, the accused may not cooperate with an investigation of his state of mind. Whenever the accused raises the insanity defence, it is for him to prove it on a balance of probabilities. An accused or the prosecution may raise the issue under s4 of the Criminal Procedure (Insanity) Act 1964 (hereinafter referred as 'CPA 1964') if the accused is to be under a disability causing him unfit to plead and stand trial. If the issue is raised by the defence, they must prove it on a balance of probabilities. On the opposite side, if the prosecution is the one who raises the issue then they must prove it and convince the jury beyond reasonable

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