Richards, R. v
The judge misdirected the jury by placing the burden of proof on the appellant; the correct legal position is that the burden lies with the Crown, rendering the conviction unsafe.
- Parties
- Respondent: Regina; Appellant: Anthony Richards
- Jurisdiction
- England and Wales
- Judgment Date
- 09 March 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction quashed
- Legal Topics
- Burden of Proof, Breach of Non Molestation Order
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Parties
Regina
Respondent
Anthony Richards
Appellant
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the burden of proof for reasonable excuse under section 42A(1) 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 on the appellant; the correct legal position is that the burden lies with the Crown, rendering the conviction unsafe.
Court Disposition
conviction quashed
Orders
- The conviction is quashed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment