Woolmington v dpp burden of proof criminal law uwe studocu. Woolmington v director of public prosecutions case brief. In woolmington v dpp, viscount sankey noted that that the golden thread of the. In 1934, three months after his marriage to 17year old violet kathleen woolmington she left him and went to live with her mother. Viscount sankey put it in the following words that surface time and again in judgments and journals. Could the conviction be quashed on the grounds that the judge said it was for the jury to decide whether woolmington had proved that the evidence was in his favour.
Cited mancini v director of public prosecutions hl 1942 ac 1, 1941 3 all er 272 there are exceptional cases to the rule in woolmington for. A decision of the house of lords, woolmington v dpp 1935 represents the first clear statement in english law that a person accused of a criminal offence is entitled to. A balancing act article pdf available in the cambridge law journal 6601 march 2007 with 6,181 reads. Justifications for the woolmington principle law general essay. Hamer and others published the presumption of innocence. It may be that most people are good, honest and free from blame,32 but those. Woolmington v dpp burden of proof criminal law uwe. Get free access to the complete judgment in woolmington v dpp on casemine. On the 22nd of november 1934, 3 months into marriage to kathleen woolmingtion, she left him and went to live with her mother.
Pdf the presumption of innocence and reverse burdens. The incorporated council of law reporting for england and wales iclr is the publisher of the official and most authoritative law reports in england and wales. Woolmington v dpp 1935 ukhl 1 united kingdom house of. But although the language of golden thread is memorable and oftquoted, the presumption of. This paper considers the standard of proof in criminal cases and how the evidential burden shifts as situation demands. The paper also takes a look into the concept of reasonable doubt, what it constitutes, its lack of a definite. Woolmington v dpp united kingdom house of lords 23 may, 1935 1935 ukhl 1 1935 ac 462 1935 1 ac 462 1936 25 cr app r 72. There is no reason to repeat to the jury the warning as to reasonable doubt again and again, provided that the direction. Woolmington was a 21yearold farmer from castleton, dorset. Download fulltext pdf the presumption of innocence and reverse burdens. My lords, the appellant, reginald woolmington, after a trial at the somerset assizes at.
Woolmington showed his wife a gun and said he would commit suicide if she left him to live elsewhere. The burden of proving this guilt is on the prosecution and it must be proved beyond a reasonable doubt. Woolmington v dpp 1935 ac 462 per viscount sankey lc at 481. Woolmington v dpp 1935 ukhl 1 united kingdom house. Woolmington v director of public prosecutions woolmington. Throughout the web of the english criminal law one golden thread is always to be seen, that it is the duty of the prosecution to prove the. The woolmington principle is often considered to be one of the foundations upon which the law of evidence and its rules operate. C 462, it was submitted that the prosecutions case was not proved beyond reasonable doubt. Were a group of fiber artists most of us rug hookers. The dpp team executive team dp professionals executive staff includes barbara blau, the founder and president of dp professionals, and roger blau, the vice president of operations for the company. A decision of the house of lords, woolmington v dpp 1935 represents the first clear statement in english. On december 10 woolmington stole a doublebarrelled shotgun and cartridges from his employer, rode a bicycle to his motherinlaws house where he shot and killed. On the 22nd of november 1934, 3 months into marriage to kathleen woolmingtion, she left.
848 1566 1310 789 248 383 760 906 703 1535 1334 746 1002 1419 225 1260 201 25 624 312 464 1241 345 1076 938 642 692 936 679 106 1033 1579 1107 1620 1238 383 1299 1524 792 146 24 502 511 742 925 470 690 879