Charles, R v

The burden of proving absence of reasonable excuse under s.1(10) of the Crime and Disorder Act 1998 rests on the prosecution once the defendant has raised the issue; the legal burden does not shift to the defence.

Source-derived case information.

Parties: Respondent: Regina; Appellant: Chuks Emmanuel Charles
Jurisdiction: England and Wales
Judgment Date: 28 July 2009
Procedural Posture: Criminal Appeal / Appeal Against Conviction From Crown Court
Outcome: Appeal allowed; conviction quashed; no retrial ordered.
Legal Topics: Burden of Proof, Anti Social Behaviour Orders (asbo), Reasonable Excuse, Statutory Interpretation

Criminal Law Burden of Proof Anti Social Behaviour Orders (asbo) Reasonable Excuse Statutory Interpretation

Source-derived case record

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2

Parties

Regina

Respondent

Chuks Emmanuel Charles

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Crown Court

Legal Issues

1 Whether the legal burden of proving absence of reasonable excuse under s.1(10) of the Crime and Disorder Act 1998 rests on the prosecution or the defence

Ratio Decidendi

Court Disposition

Appeal allowed; conviction quashed; no retrial ordered.

Orders

Conviction quashed
No retrial ordered

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