LW157 The fundamental principle of our criminal justice system is that an accused should not be convicted unless it is proven beyond reasonable

“The fundamental principle of our criminal justice system is that an accused should not be convicted unless it is proven beyond reasonable doubt that the accused committed the offense… Reasons of policy may perhaps require that any reversed element of proof cast on the accused should be discharged as a probability. That should either be stated in the legislation or be a matter of necessary inference therefrom…” – People (DPP) v. Smyth [2010] IECCA 34, Charleton J. With reference to the above statement, critically discuss the presumption of innocence in Ireland and the permitted exceptions in Ireland. Your answer should include reference to relevant case law (including C.W v The Minister for Justice, Ireland and the Attorney General and the Director of Public Prosecutions [2023] IESC 22), in addition to academic commentary and any relevant legislation.

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