May v O'Sullivan [1955] HCA 38

May v O'Sullivan [1955] HCA 38

The burden of proving guilt beyond reasonable doubt in criminal cases remains on the prosecution throughout; the establishment of a prima facie case does not shift this burden to the accused. The application for special leave to appeal is refused, as there was no misdirection on the onus of proof by the magistrate in this case.

Parties
Appellant: Francis Charles May; Respondent: O'Sullivan
Jurisdiction
Australia
Judgment Date
18 July 1955
Procedural Posture
Application for Special Leave to Appeal (criminal) / Application for Special Leave to Appeal From the Supreme Court of South Australia
Outcome
Special leave to appeal refused with costs.
Legal Topics
Burden of Proof, Onus of Proof, Prima Facie Case, Standard of Proof, Procedure on Appeal
Criminal Law Evidence Burden of Proof Onus of Proof Prima Facie Case Standard of Proof Procedure on Appeal

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Parties

Francis Charles May

Appellant

O'Sullivan

Respondent

Procedural Posture

Application for Special Leave to Appeal (criminal) / Application for Special Leave to Appeal From the Supreme Court of South Australia

Legal Issues

  1. 1 Does the burden of proof shift to the accused in a criminal trial after a prima facie case is made out by the prosecution?
  2. 2 Did the lower courts misdirect themselves as to the burden of proof in the appellant's trial?

Ratio Decidendi

The burden of proving guilt beyond reasonable doubt in criminal cases remains on the prosecution throughout; the establishment of a prima facie case does not shift this burden to the accused. The application for special leave to appeal is refused, as there was no misdirection on the onus of proof by the magistrate in this case.

Court Disposition

Special leave to appeal refused with costs.

Orders

  • Special leave to appeal from the order of Abbott J. refused with costs.