COURSE: CRIMINAL LAW
TOPIC: FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW
1. Presumption of Innocence
This principle is the cornerstone of the criminal justice system. It has its foundations under the
common law and is internationally recognized as an essential safeguard to the rights of an
accused person. It stipulates that an accused person is presumed innocent until proven guilty by a
court of law. The burden of proof lies with the prosecution and it must be beyond reasonable
doubt.
This principle is emphasized in DPP V DO’T (2003) where Hardiman J. stated that the
presumption of innocence is a vital, constitutionally guaranteed right of a person accused in a
criminal trial and that the right has been expressly recognized in all major international human
rights instruments currently in force. In fact Article 6(2) of the European Convention of Human
Rights states that everyone charged with a criminal offence shall be presumed innocent until
proven guilty according to the law.
2. Burden of Proof
The burden of proof in criminal litigation lies with the prosecution; it is the responsibility of the
prosecution to establish the guilt of the accused. Thus the prosecution has a duty to disprove any
defence raised by the accused in the course of trial. In Woolmington V. DPP (1935), Viscount
Sankey stated:
“It is not the prisoner who establishes his innocence but the prosecution to his
guilt. Whilst the prosecution must prove the guilt of the prisoner, there is no such
burden laid on the prisoner to prove his innocence and it is sufficient for him to
raise a doubt as to his guilt; he is not bound to satisfy the jury of his innocence.”
3. The Principle of Legality
This principle stipulates that criminal offences need to be clearly defined to enable
citizens who wish to be law abiding to live their lives confident that they have and will
not be breaking any laws. This simply means that all crimes must be recognized by law,
TOPIC: FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW
1. Presumption of Innocence
This principle is the cornerstone of the criminal justice system. It has its foundations under the
common law and is internationally recognized as an essential safeguard to the rights of an
accused person. It stipulates that an accused person is presumed innocent until proven guilty by a
court of law. The burden of proof lies with the prosecution and it must be beyond reasonable
doubt.
This principle is emphasized in DPP V DO’T (2003) where Hardiman J. stated that the
presumption of innocence is a vital, constitutionally guaranteed right of a person accused in a
criminal trial and that the right has been expressly recognized in all major international human
rights instruments currently in force. In fact Article 6(2) of the European Convention of Human
Rights states that everyone charged with a criminal offence shall be presumed innocent until
proven guilty according to the law.
2. Burden of Proof
The burden of proof in criminal litigation lies with the prosecution; it is the responsibility of the
prosecution to establish the guilt of the accused. Thus the prosecution has a duty to disprove any
defence raised by the accused in the course of trial. In Woolmington V. DPP (1935), Viscount
Sankey stated:
“It is not the prisoner who establishes his innocence but the prosecution to his
guilt. Whilst the prosecution must prove the guilt of the prisoner, there is no such
burden laid on the prisoner to prove his innocence and it is sufficient for him to
raise a doubt as to his guilt; he is not bound to satisfy the jury of his innocence.”
3. The Principle of Legality
This principle stipulates that criminal offences need to be clearly defined to enable
citizens who wish to be law abiding to live their lives confident that they have and will
not be breaking any laws. This simply means that all crimes must be recognized by law,
