13.4
In forceLegal burden of proof—defence
ScheduleThe Criminal Code
Volume 1s 1-5, sch (s 1.1-261.3)
Chapter 2General principles of criminal responsibility
Part 2.6Proof of criminal responsibility
Division 13
13.4 Legal burden of proof—defence
A burden of proof that a law imposes on the defendant is a legal burden if and only if the law expressly:
(a)
specifies that the burden of proof in relation to the matter in question is a legal burden; or
(b)
requires the defendant to prove the matter; or
(c)
creates a presumption that the matter exists unless the contrary is proved.
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