s 13.1
In forceLegal burden of proof—prosecution
Volume 1s 1-5, sch (s 1.1-261.3)
Chapter 2General principles of criminal responsibility
Part 2.6Proof of criminal responsibility
Division 13
13.1 Legal burden of proof—prosecution
(1)
The prosecution bears a legal burden of proving every element of an offence relevant to the guilt of the person charged.
Note:
See section 3.2 on what elements are relevant to a person’s guilt.
(2)
The prosecution also bears a legal burden of disproving any matter in relation to which the defendant has discharged an evidential burden of proof imposed on the defendant.
(3)
In this Code:
legal burden, in relation to a matter, means the burden of proving the existence of the matter.
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.