ALL ENGLAND LAW REPORTS

Paul!!!Much learning is drving thee mad!!! Governor Felix

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Wednesday, September 21, 2011

MILLER V MINISTER OF PENSIONS

MILLER V MINISTER OF PENSIONS [1947] All ER 372

That degree is well settled. It need not reach certainty, but it must carry a high degree of probability. Proof beyond reasonable doubt does not mean proof beyond the shadow of doubt.The law would fail to protect the community if it admitted fanciful possibilities to deflect the course of justice. If the evidence is so strong against a man as to leave only a remote possibility in his favour which can be dismissed with the sentence "of course it is possible, but not in the last probable" the case is proved beyond reasonable doubt, but nothing short of that will suffice.

1 comment:

  1. That degree is well settled. It must carry a
    reasonable degree of probability, not so high as
    is required in a criminal case. If the vidence is such that the tribunal can say: ‘we think it more probable than not’, the burden is discharged, but if the probabilities are equal it is not.

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