Question 1 of 10

You are instructed to defend James who faces a charge of assaulting the complainant, Peter, thereby occasioning him actual bodily harm. The prosecution allege that James punched Peter in the face during an altercation in a bar. The blow caused a broken nose. They further allege that this was a completely unprovoked attack. James accepts that he punched the complainant and caused the injury but claims that he did so in self-defence because he believed that Peter was about to attack him.Your instructing solicitors ask you to provide advice on how the burden of proof will operate in this case.Which of the following statements is the most accurate?

A. A B. The defence have no evidential burden at all. It is for the prosecution to prove that the defendant was not acting in self-defence whether or not the defence call any evidence to support self-defence. C. B D. Once the prosecution have proved all other essential elements of the offence then the jury must convict unless the defence prove on the balance of probabilities that the defendant acted in self defence. E. C F. Once the prosecution have proved all other essential elements of the offence then the jury must convict unless the defence prove beyond reasonable doubt that the defendant acted in self defence. G. D H. The Defence must call some evidence to support the defendants assertion that he acted in self-defence. It is then for the prosecution to prove beyond reasonable doubt that the defendant did not act in self-defence.