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See Also:
- EVIDENCE - BURDEN OF PROOF/STANDARD OF PROOF - Burden and standard of proof in criminal cases and whether it shifts; when burden of proof will shift
"Learned counsel on either side have both correctly stated the position of the law regarding the burden on the prosecution to establish the guilt of an accused person beyond reasonable…
- EVIDENCE - BURDEN OF PROOF/STANDARD OF PROOF - Burden and standard of proving the defence of insanity:
"The law is settled that the burden of proof of insanity lies on the accused person. In NDU v THE STATE 1990 LPELR-1975 SC this Court held as follows: The…
- EVIDENCE - BURDEN OF PROOF/STANDARD OF PROOF - Burden and standard of proof in criminal cases; whether the burden of proof on the prosecution can shift to the accused person
"In answer to the question raised in the issue under discourse, it was to be said that whenever anybody is charged with the commission of a criminal offence, the onus…