Source: All England Reporter
Publisher Citation: [2005] All ER (D) 151 (Nov)
Neutral Citation: [2005] EWCA Crim 2865
Court: Court of Appeal, Criminal Division
Judge:

Kennedy LJ, Bell and Dobbs JJ

Representation Michael Ivers (assigned by the Registrar of Criminal Appeals) for the defendant in the first appeal.
  Frances Webber and Richard Thomas (assigned by the Registrar of Criminal Appeals) for the defendant in the second appeal.
  John Hulme (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 11 November 2005

Catchwords

Criminal evidence - Burden of proof - Statutory provisions imposing burden of proof on defendant - Provision requiring defendant to prove manner of entry to United Kingdom - Whether legal or evidential burden - Standard of proof - Whether court obliged to consider Refugee Convention in interpreting provision - Asylum and Immigration Act 2004, s 2.

The Case

Practice Areas

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