Division 13

The legal burden of proof which rests on the prosecution requires proof beyond reasonable doubt of each element of the offence and disproof beyond reasonable doubt of any defence, exception, exemption, excuse, justification, or qualification.

The standard of proof required of the prosecution, is proof beyond reasonable doubt.

The defendant must adduce or point to evidence in support of a defence or a matter of exception, exemption, excuse, qualification or justification.

The Code has strengthened the presumption of innocence in and extended its operation by requiring the prosecution to disprove exceptions, exemptions and qualifications.

If the defendant bears the legal burden of proof in relation to a matter, it is discharged if the trier of fact is satisfied on the balance of probabilities of the existence of the defence or exception.

Averment provisions permit an allegation of fact or of mixed fact and law to discharge the prosecutor’s evidential burden.