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Words: | Submitted: Thu Jan 13 2005
... - for example, successfully pleading diminished responsibility or provocation on a charge of murder leads to a conviction of manslaughter. (partial defence). * Substantive defences may be either general or specific. Specific defences are linked to particular crimes, and cannot be applied to other offences - for example, provocation is a defence only to murder. General offences can be used for a range of different crimes. Evidential burden: * In a criminal case the burden of proof always lies with the prosecution: they must prove beyond all reasonable doubt that the defendant committed the offence, rather than the defendant's having to prove their innocent. On the other hand, defendant's who claim they have a substantive defence will be required to provide some sort of proof of it * The precise nature of the burden of proof depends on the defence which is put forward. Where it is self-defence, provocation, duress, necessity, automatism or intox. ...
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