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Online forum | Latest topic on forum: Sec 72 (1) b ii MHA

R v Foye [2013] EWCA Crim 475, [2013] MHLO 40

The rule in s2(2) Homicide Act 1957 that the burden of establishing diminished responsibility lies on the defendant, on the balance of probabilities, is not incompatible with the presumption of innocence contained in Article 6(2).

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