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17 February 2023 / Simon Parsons
Issue: 8013 / Categories: Features , Criminal , Procedure & practice
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Presumption of innocence: just empty rhetoric?

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Is the ‘golden thread’ of Woolmington wearing thin? Simon Parsons examines the insanity defence & legal burdens of proof
  • The defence of insanity is the only common law exception to the Woolmington thread—the presumption of innocence. An accused person who raises the defence of insanity has the legal burden of proving it.
  • Woolmington should be extended to both limbs of the insanity defence, as it seems morally wrong to impose a legal burden of proof on accused persons in respect of both limbs where they have an extremely limited grasp of reality.

In the famous case of Woolmington v DPP [1935] AC 462, Reginald Woolmington and Violet Smith were married and set up home together, but Violet was unhappy, so she left Reginald and went home to her mother. Reginald was terribly upset, so he got a gun and decided to go to see Violet to persuade her to return to him. When they met, Reginald said: ‘Are you coming back?’ Violet replied no, and in response

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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