27 Oct In criminal cases, the rule is that the legal burden of proving every element of the offence charged, and consequently the guilt of the accused, lies from beginning to end, on the prosecution
In the case of Mwewa Murono v The People, SCZ JUDGMENT NO. 23 OF 2004 it was held that
“In criminal cases, the rule is that the legal burden of proving every element of the offence charged, and consequently the guilt of the accused, lies from beginning to end, on the prosecution”
Are there exceptions to the above rule? Justify your answer by giving examples where necessary.
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