... Jurists in the common law tradition have distinguished two principal senses of the burden of proof i.e. the legal burden2 and the evidential burden. The legal burden has been defined as the obligation imposed on a party by a rule of law to prove or disprove a fact in issue. In criminal cases, the legal burden is generally borne by the prosecution. Where the legal burden on a particular issue is borne by the accused, it is discharged by the defence satisfying the jury on a balance of probabilities3. The evidential burden has been defined as the obligation to adduce sufficient evidence of a fact to justify a finding on that fact in favour of the party so obliged. In criminal cases, the standard of proof necessary to discharge the legal burden is 'proof beyond reasonable doubt' as seen in Woolmigton v DPP4. Here, Court of ...

See this essay or coursework document in full right now