Criminal Evidence Law - Evidential and Legal Burden Essay

Criminal Evidence Law - Evidential and Legal Burden - Essay Example In this case, the prosecution has a duty to link the facts surrounding the two parties’ visit to the deceased’s house and to his eventual murder. The facts should prove on the balance of probabilities that actions of the accused may have caused the death. A fact-finder working with the prosecution would be tasked to collect the facts and link them to the crime. A jury would then have the final say on whether or not the murder case should proceed. The evidential burden in this case, which the jury will be tasked to determine is as follows: a) the accused visited Denzil’s house over an unsettled debt; b) William allegedly remained outside, possibly to scare people away within his imitation of a gun while Altin went in; c) Altin immediately attacked the victim; d) the victim died of the injuries sustained in the attack. In this case, there is no gap in the facts, which could have been prompted by a fall, for instance, on his way to the hospital1. Apart from the evidential burden, Article 6 of the European Convention on Human Rights (ECHR), providing for the right to the fair trial requires the prosecution to prove beyond the balance of probabilities that the actions of the two parties accused of Denzil’s murder have a legal basis. In this case, the prosecutor must prove that the alleged actions of Altin had a substantial cause on the Denzil’s death, but does not necessarily need to be the only or largely the cause of the death. This implies the two could be charged with the murder of Denzil if the prosecution established that his injury by the accused substantially contributed to his death whether or not he had underlying health conditions. A judge would be tasked to determine whether the legal burden can sustain trial. Altin would find it hard to prove that he was acting in self-defence because he intentionally went to Denzil’s place. In addition, the immediacy of the attack lends credence to a pre-planned murder whose time had come.