This website uses cookies to ensure you have the best experience. Learn more

The Golden Tread Speech By Viscount Sankey: Legal Burden

3198 words - 13 pages

As goes the famous ‘golden thread’ speech given by Viscount Sankey in Woolmington v DPP ; “No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.” In simpler terms, the general rule above is that the prosecution carries a legal burden to prove the elements of the offence and that the accused only need to raise a defense on a burden that is merely evidential.

A legal burden is one where there is an obligation to prove, which is a heavy responsibility and would generally reside on the prosecution. A judge would direct a jury as to the burden of proof and failing so or giving an incorrect direction would result in a quashed conviction. An evidential burden on the other hand is a much lighter burden, where it requires the accused to merely raise the defense, rather than to prove it.

As well as the general rule created by Viscount Sankey, there were exceptions as well, where the legal burden has been shifted to the accused to prove his defense on a balance of probabilities.

The two exceptions given by Viscount Sankey are that the defense of insanity and statutory reversals. The defense of insanity will require the application of the McNaghten Rules if it is alleged by the accused, which will have to prove the rules in McNaghten with a legal burden on a balance of probabilities. If insanity is being purported by the prosecution, the case on point would be Robertson , where the accused was said to have punched his mother to the ground and stamped on her head and thigh whilst wearing heavy boots or shoes. Here, the burden on the prosecution is a legal one, to satisfy the jury beyond reasonable doubt.

Statutory reversals are where ‘reverse onuses’ are placed upon the accused by statute, either impliedly or expressly. This is where the crux of the issue is placed, regarding the principle given by Viscount Sankey and the presumption of innocence. Reverse onuses give the accused a much heavier burden, which is a legal burden to prove his defense whilst the presumption of innocence would have given the accused a much lower burden, an evidential burden. However, before a shift of burden can take place, there must be consideration given to Article 6(2) of the European Convention on Human Rights (ECHR) which provides for the presumption of innocence until proven guilty, in deciding the burden. There is then a difficulty for a court in upholding a reverse onus because under s.6 of the HRA 1998 it is unlawful for it to act in a way which is incompatible with a Convention right. If the courts are unable to decide in a way which is compatible with a Convention, s.4 of the HRA confers authority upon the courts to make declarations of incompatibility for statutory provisions they find to be incompatible with the ECHR.

An implied reversal is when an Act of Parliament lays down both the offence and...

Find Another Essay On The Golden Tread Speech by Viscount Sankey: Legal Burden

Humorous Wedding Speech by the Groom

881 words - 4 pages Humorous Wedding Speech by the Groom Thank you for your kind words, I am very proud to be your son-in-law; I hope I can live up to your expectations. I would sincerely like to thank you for welcoming me into your family, for bringing up such a lovely daughter, and for giving me your blessing to marry her. In addition. due to the number of phone calls between my wife and her mom, the phone company would also like to thank you both. On

A Straightforward Wedding Speech by the Groom

506 words - 2 pages A Straightforward Wedding Speech by the Groom I've put a bit of a speech together today, but after the previous speaker put us all to sleep I'll try to make mine a bit more interesting and entertaining. Sorry; only joking. On behalf of my beautiful wife and I, we would like to thank you all for coming along, and sharing this very special day with us. And a huge thank you for the wonderful presents. I would like everybody here

Wedding Speech Delivered by the Groom

1282 words - 5 pages Wedding Speech Delivered by the Groom Ladies and Gentlemen, you are about to witness a unique event in history. This is the very first and very last time that my wife is going to let me speak on behalf of both of us. Today, so far has been a day beyond my wildest dreams. They say you don't marry someone you can live with - you marry the person who you cannot live without which is very true with Karen. I thought I had prepared myself

Wedding Speech Delivered by the Groom

936 words - 4 pages Wedding Speech Delivered by the Groom Before I start I have to ask... Do you like my outfit?... you see, I asked the tailor for Versace... but he thought I said "Liberace"! Ladies, Gentlemen, Friends, Relatives and any stray pedestrians who may have wandered in. On behalf of my wife and I... or as I prefer to call her "my most recent ex-girlfriend", welcome to our wedding. I hope you're all enjoying yourselves on this special day. Its

Wedding Speech Delivered by the Groom

887 words - 4 pages Wedding Speech Delivered by the Groom I’d like to start by thanking Alan for his kind words and also to thank him on behalf of everyone for footing the bill for today’s festivities……… Having had a wonderful spread and knowing what we have to look forward to tonight, I now understand why he had the heating turned off all last winter! I was going to begin with ladies and gentlemen but on looking around I'm glad I didn't. So here goes

Wedding Speech Delivered by the Groom - 864 words

864 words - 3 pages Wedding Speech Delivered by the Groom I was really, really nervous about standing up here and speaking. I did prepare a few lines for today and having snorted them I now feel absolutely fine. I did have a great speech worked out for you today, but as I am now married, my wife has told me what to say instead. I'd like to start by thanking you all on behalf of my wife and I being here with us today, especially those who have

Humorous Wedding Speech by the Best Man

702 words - 3 pages Humorous Wedding Speech by the Best Man When Daniel came to me and asked me to be his best man, it was a great honour but, when I looked at all the duties required of me, I felt he’d be better off choosing someone else. Then he offered me a fifty, but I told him that it wasn’t a decision that money could change. So then he offered me a hundred. Anyway, good evening Ladies and Gentlemen - My name is Rob and it’s my pleasure to be

Imagery in "Reflections in the Golden Eye" by Carson Mc Cullers

1755 words - 7 pages way she notes with tender accuracy the changing colours of the vegetation as well as the ones connected with the season (autumn in this case). One colour adjective in particular, which is recurrent in many of the scenes, is golden hue. You see it in the name of the novel, and you also come across nouns such as hair, leaves or eyes that are described as being flaming gold, amber, bronze or yellow .The writer's interest in day and night is a dominant

Humorous Wedding Speech by the Father of the Groom

1003 words - 4 pages Humorous Wedding Speech by the Father of the Groom Good evening Ladies and Gentlemen - I am the groom's father, Ken, and I have the great privilege of being best man. I have recently found out there are two reasons why J W asked me to do this job. 1) To make him look younger and slimmer in the photos. 2) Because he didn't want to burden any of his friends with the terrible prospect of having to give this speech. It's the speech that no

A Heartfelt Wedding Speech by the Father of the Groom

943 words - 4 pages A Heartfelt Wedding Speech by the Father of the Groom There is a small amount of humor at the beginning and toward the end of the speech, but it is the sentiment that makes it special. The speech ends with some advice for the bride and groom, which is touching, and a toast in the form of a poem. The happy couple, reverend celebrant, dear guests. The first wedding speech I ever gave was in 1958 when I married the groom's mother. Oh, I

Wedding Speech by the Sister of the Bride

615 words - 2 pages Wedding Speech by the Sister of the Bride For those of you that do not already know me I'm the bride's "slightly" older sister. When she first asked me to give her away I felt two things, the first was one of extreme and enormous pride that she'd asked me, and the second Was "Oh my God" I have to do a speech. But please don't worry, this won't take too long. I would like to thank the priest for a lovely service, the priest's boss for

Similar Essays

"Throughout Web Of English Criminal Law One Golden Thread Is Always To Be Seen, That Is A Duty Of The Prosecution To Prove The Prisoner's Guilt". Woolmington V. Dpp (1935) Viscount Shanley

1616 words - 6 pages of an accused person, arising from Art 38.1.Conclusion:I would agree with Lord Viscount Shanley, that "Throughout web of English criminal law one golden thread is always to be seen, that is a duty of the prosecution to prove the prisoner's guilt". A defendant person always has a right to presumption of innocence, it means that the prosecution must prove his guilt with evidence, this evidence must be proved by facts.If the prosecution had proved

Burden Of Secrect And Effects Of Truth In The Lake Of The Woods By Tim O´Brien

1151 words - 5 pages In the Lake of the Woods, written by Tim O’Brien is a book which deals with the struggle of John Wade to manage after a recently failed campaign for the United States Senate. After moving to Lake of the Woods, Minnesota, John discovers that his wife Kathy is missing. Through flashbacks of John’s childhood, Vietnam experiences, political career and the history of his relationship with Kathy the reader is introduced to various hypotheses of

Wedding Speech Delivered By The Groom 674 Words

674 words - 3 pages Wedding Speech Delivered by the Groom Well , what can I say, Thankyou for those kind words Alan and I hope $20 was enough. I recently read somewhere that a survey had been conducted of things that people fear most, and top of the list above things like spiders and heights, was the fear of standing up and making a speech in public. I'm no different, suffice to say that this isn't the first time today I've risen from a warm seat

The Emotional Speech By Watson Churchill

1090 words - 5 pages good piece of Rhetoric because he succeeded in persuading the US Congress and leaders that Germany is far more dangerous enemy than Japan by providing convincible supports. Churchill's main claim in the speech was to convince the US Congress that Hitler is the most serious threat to the United States of America. Hitler was the main threat because if Germany succeeded in occupying Europe, North Africa and the Middle they certainly