... be disproved by the prosecution as he has not claimed insanity or the statutory express exception of diminished responsibility and his defence does not fall into the statutory implied exceptions i.e. S.1013. It is then up to the party trying the fact i.e. judge or jury to decide if the legal burden is discharged. The evidential burden is defined as merely a burden to produce evidence. It is the burden of adducing evidence or raising an arguable case. At the start of a trial, the prosecution has the evidential burden to produce evidence on every element of the offence charged. If the prosecution cannot raise a 'prima facie' (by first instance) case the defence will succeed in a submission of 'no case to answer' This process is known as 'passing the judge'. The prosecution in this case has already provided evidence that Frederick had an excessive amount of alcohol in ...

See this essay or coursework document in full right now