Richards, R. v [2010] EWCA Crim 835 (09 March 2010)

The judge misdirected the jury by placing the burden of proof for reasonable excuse on the appellant; the correct position is that the burden lies with the Crown, rendering the conviction unsafe.

Citation: [2010] EWCA Crim 835
Parties: Respondent: Regina; Appellant: Anthony Richards
Jurisdiction: England and Wales
Judgment Date: 09 March 2010
Procedural Posture: Criminal Appeal / Court of Appeal Judgment
Outcome: conviction quashed
Legal Topics: Burden of Proof, Breach of Non Molestation Order, Reasonable Excuse

Criminal Law Family Law Burden of Proof Breach of Non Molestation Order Reasonable Excuse

Case Brief

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Parties

Regina

Respondent

Anthony Richards

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the burden of proof for reasonable excuse under section 42A of the Family Law Act 1996 lies with the Crown or the defendant

Ratio Decidendi

The judge misdirected the jury by placing the burden of proof for reasonable excuse on the appellant; the correct position is that the burden lies with the Crown, rendering the conviction unsafe.

Court Disposition

conviction quashed

Orders

conviction quashed