In aggravated burglary prosecutions where the accused claims a right to enter premises as a co-tenant, the question of co-tenancy is one of mixed fact and law for the jury, not a pre-trial question of law for the judge. The prosecution bears the legal onus of disproving co-tenancy beyond reasonable doubt; the accused bears only an evidentiary onus of pointing to evidence raising a reasonable possibility of co-tenancy. The question whether an implied co-tenancy arose is to be determined objectively by reference to the circumstances of occupation and the conduct of the parties, including the landlord.
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