Justifying Reverse Burdens of Proof: A Tale of Diminished Responsibility and a Tangled Knot of Authorities

Abstract

This case comment provides detailed commentary of R. v Foye (Lee Robert) [2013] EWCA Crim 475; (2013) 177 J.P. 449 (CA (Crim Div)) and, in particular, the reverse burden of proof imposed by s. 2(2) of the Homicide 1957 Act and its compatibility with Article 6(2) of the European Convention on Human Rights.