R v Whatcott (Christopher) [2020] Lloyds’s Rep FC 65

“The case was concerned with the not unusual situation where questions of construction, depending on the application of civil law principles, arise for determination in criminal proceedings. The Court of Appeal had to consider the circumstances in which it is appropriate for a trial judge himself or herself to decide such a question and, in effect, withdraw the issue from the jury. And the court also took the opportunity to emphasise that such questions of construction are questions of law in relation to which it is generally inappropriate to talk about the burden and standard of proof ...”

ADDED Thursday 21st January 2021