question 1

'Requiring the prosecution to prove all the primary elements of a criminal charge directly promotes the liberty, security, and privacy of each and every citizen. All of us are at risk of being falsely or wrongly accused of committing a crime. Allocating the probative burden to the prosecution entails that the state must make all the initial running.' Paul Roberts andAdrian Zuckerman,Criminal Evidence(2ndedn, OUP 2010) page 244

Explain how the burden of proof shifts in cases involving licenses, and whether this is fair to the defendant.

question 2

Edward was walking down the street when a man, who was wearing a mask, confronted Edward and asked him for his wallet. Edward refused and the man stabbed him. Edward was so scared that he did not get a good look at the man and could not offer a description of who stabbed him. While the police were investigating they interviewed Juliette, a nearby shop owner, who was working at the time but did not see the incident. She told the police that'Agatha said Harry stabbed Edward'. Based on this statement and other information that wasrevealed during the investigation, Harry was arrested for the stabbing.

While at the police station Harry refused to give a statement. At trial Harry plans to testify that he did not stab Edward. Harry has a prior conviction for theft from 4 years ago.

Juliette plans to testify as to what she told the police. Edward says he is too scared to testify.

Advise the defence as to the evidence issues.