Source: All England Reporter
Publisher Citation: [2003] All ER (D) 322 (Feb)
Neutral Citation: [2003] EWHC 272 (Admin)
Court: Divisional Court
Judge:

Clarke LJ and Jack J

Representation Charles Garside QC and William Parkinson (instructed by J Keith Park & Co) for the claimants.
  The defendant did not appear and was not represented.
  Peter Birts QC (instructed by the Forestry Commission Legal Department) for the Forestry Commission as interested party.
Judgment Dates: 24 February 2003

Catchwords

Criminal evidence and procedure - Evidence - Burden of proof - Reverse burden of proof - Application - ss 9(1), 17.

The Case

In a prosecution under s17 of the where it was common ground that no licence had been issued for felling trees under s9(1), it was for the accused to prove on the balance of probabilities that no licence was required; the only mental state which the prosecution had to prove was whatever was necessary to prove that the trees had been felled.

Practice Areas

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