After an impassioned press campaign against public drunkenness among young people, Parliament hurriedly passes a new piece of legislation: The Sobriety (Encouragement) Act 2021. The Act is now in force.

Section 1 of the Act Provides - "It is an offence for any person to be in possession of alcohol in a public place without reasonable excuse".

Section 2 of the Act Provides - "For the purposes of Section 1 it shall be for the defendant to prove that he had a reasonable excuse."

Section 3 of the Act Provides - "A person guilty of an offence under Section 1 is liable on summary conviction to imprisonment for not more than three months, or to a maximum fine of 5000, or both.

A police officer has found Gordon, aged 55, asleep on a bench in a churchyard. He has with him a plastic bag containing an unopened bottle of whiskey.

He is charged with an offence under Section 1 of the Act.

At trial, Gordon will testify that he bought the whiskey for his mother, who needs it to make Christmas cakes for the church Christmas fair.

1. You are the barrister representing Gordon at his trial. Advise Gordon upon which parties will bear the legal and evidential burdens of proof at the trial, and upon the standards of proof that should be reached in discharging any legal burdens.
2. At Gordon's trial, the District Judge in the Oadby Magistrates' Court ruled that:-
   1. The defendant (Gordon) bore the burden of proof of showing that he had a reasonable excuse to possess alcohol in a public place, and...
   2. That Gordon having failed to discharge this burden, he must therefore be convicted under Section 1 of the offence.

Gordon is appealing this legal ruling and has instructed you to represent him. Consider what legal arguments may be made in support of Gordon's appeal by his lawyers and what counter-arguments might be made by the Crown, who are responding to this appeal.

This is an Evidence Law Problem Question. Jurisdiction of England and Wales.