The defendant complained that on his trial for rape, he had been asked if he knew of any reason why the complainant should be lying. He said it had the effect of transferring the burden of proof onto him.
Held: The question had been in constant use for many years, though there was no English authority on the point. Foreign authorities were conflicting. The question was not unfair and no shift of the burden took place. It was relevant, and allowed the accused to put forward some explanation he might know of.
Judges:
Rose LJ, Gross Pitchers JJ
Citations:
Times 31-Mar-2003, Gazette 09-May-2003
Jurisdiction:
England and Wales
Criminal Practice
Updated: 28 April 2022; Ref: scu.180957