Practice and Procedure

R v M (2007)

PUBLISHED December 20, 2007

[2007] EWCA Crim 3228

If a judge left to the jury the question whether a defendant had discharged the evidential burden of raising sufficient persuasive evidence that she did not know or suspect that the substance of which she had possession was a controlled drug, as well as the question of whether the Crown had discharged the legal burden of proving that the defendant did in fact know or had reason to suspect that the substance was a controlled drug, a careful direction was needed and the judge had to explain the difference between an evidential burden and a legal burden of proof in terms that a jury could understand.

CA (Crim Div) (Longmore LJ, Field J, Blake J)