header-logo header-logo

Home Login E-newsletter About us
17 February 2023 / Simon Parsons
Issue: 8013 / Categories: Features , Criminal , Procedure & practice
printer mail-detail

Presumption of innocence: just empty rhetoric?

© Copyright LexisNexis 2026. All Rights Reserved.
111188
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Read All
NLJ this week: Burnout behind the billable hour
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
NLJ this week: Domestic abuse reforms still falling short
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
NLJ this week: Uber’s legal shield faces scrutiny on both sides of the Atlantic
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
NLJ this week: Is it finally time to scrap Part III?
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
NLJ this week: Hereditary peers era finally comes to an end
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Copyright © 2026 LexisNexis
back-to-top-scroll