Legal burden of proof—defence
59 Legal burden of proof—defence
A burden of proof that a law imposes on the defendant is a legal burden only if the law expressly—
provides that the burden of proof in relation to the matter in question is a legal burden; or
requires the defendant to prove the matter; or
creates a presumption that the matter exists unless the contrary is proved.
Example for par (b)
The XYZ Act 2002, section 10 (1) creates an offence of exhibiting a film classified ‘R’ to a child. Section 10 (2) provides—
It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant believed on reasonable grounds that the child was an adult.
Section 10 (2) provides a defence to an offence against section 10 (1). A defendant who wishes to rely on the defence has a legal burden of proving that the defendant believed on reasonable grounds that the child was an adult.
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