In criminal cases, it is generally for the prosecution to prove all relevant facts.

“Throughout the web of the English criminal law, one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner’s guilt… . No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained…..apart from statutory exception to the contrary”. (Woolmington v DPP [1935]).

 

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