Jayasena v The Queen

JurisdictionUK Non-devolved
Judgment Date1970
Date1970
Year1970
CourtPrivy Council
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64 cases
  • R Yoganathan v Public Prosecutor and another appeal
    • Singapore
    • High Court (Singapore)
    • 13 September 1999
    ...the evidential burden shifts to the accused to adduce sufficient evidence to raise a reasonable doubt as to his guilt ( Jayasena v R [1970] AC 618). From a perusal of the district judge`s grounds of decision, it was clear that his remarks on the defence`s failure to provide a viable alterna......
  • China Insurance Co (Singapore) Pte Ltd v Liberty Insurance Pte Ltd (formerly known as Liberty Citystate Insurance Pte Ltd)
    • Singapore
    • High Court (Singapore)
    • 28 February 2005
    ...rules: see the oft-cited decisions of The Governor and Company of The Bank of England v Vagliano Brothers [1891] AC 107 and Jayasena v R [1970] AC 618. However, it appears to be the case that where the code concerned is itself silent with regard to the specific issue(s) or point(s) in quest......
  • PP; Vijayan
    • Singapore
    • Court of Appeal (Singapore)
    • Invalid date
  • Vijayan v Public Prosecutor
    • Singapore
    • Court of Appeal (Singapore)
    • 7 May 1975
    ...be considered objectively and that the burden is on the accused to establish provocation on a balance of probabilities. Jayasena v R [1970] 1 All ER 219.In England, even after the enactment of s 3 of the Homicide Act 1957 which now defines provocation in precise terms, it is not wrong for a......
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12 books & journal articles
  • Subject Index
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 7-4, December 2003
    • 1 December 2003
    ...v United Kingdom (2000) 30EHRR 441, [2000] Crim LR 586........................106, 109, 117, 125, 126Jayasena v The Queen [1970] AC 618....................................... 223, 234, 235Jespers v Belgium (1981) 27 DR 61.................................................109, 111Jund v Town o......
  • Regulatory Offences and Reverse Burdens: The ‘Licensing Approach’
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 71-3, May 2007
    • 1 May 2007
    ...(J. C. Smith, ‘ThePresumption of Innocence’ (1987) 38 Northern Ireland Legal Quarterly 223 at 225).Lord Devlin noted in Jayasena v R [1970] 1 All ER 219 at 222: ‘. . . it is notnecessary to read more than the speech of Lord Sankey L.C. to see that by far thegreater strength of previous auth......
  • NEW TWISTS IN LEGAL PROFESSIONAL PRIVILEGE: COMMUNICATIONS FOR THE PURPOSE OF LITIGATION AND BETWEEN THE LAWYER AND CLIENT
    • Singapore
    • Singapore Academy of Law Journal No. 2002, December 2002
    • 1 December 2002
    ...which applies, inter alia, presumptions of possession, knowledge and trafficking. 161 See, for example, s 107 of the Act; Jayasena v R[1970] AC 618. 162 [1997] 3 SLR 278. 163 Other examples of the application of the purposive approach to provisions of the Evidence Act include: PP v Knight G......
  • THE CASE FOR DEPARTING FROM THE EXCLUSIONARY RULE AGAINST PRIOR NEGOTIATIONS IN THE INTERPRETATION OF CONTRACTS IN SINGAPORE
    • Singapore
    • Singapore Academy of Law Journal No. 2013, December 2013
    • 1 December 2013
    ...the Evidence Act: The Judicial Development of a Code”(2002) 14 SAcLJ 365 at 366. See also Rajapakse Pathurange Don Jayasena v The Queen[1970] 2 WLR 448; [1970] AC 618. 86 See para 33 below. 87(1878) 3 App Cas 552. This case was recently given new attention in David McLauchlan, “Chartbrook L......
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