Evidential burden in relation to exceptions etc
35 Evidential burden in relation to exceptions etc
Subject to this Act, this section applies with respect to proceedings for an offence against this Act.
A defendant in proceedings who wishes to rely on any exception, exemption, excuse, qualification or justification under this Act bears an evidential burden in relation to that matter.
The exception, exemption, excuse, qualification or justification need not accompany the description of the offence.
The defendant no longer bears the evidential burden in relation to a matter if evidence sufficient to discharge the burden is adduced by the prosecution or by the court.
The question whether an evidential burden has been discharged is one of law.
In this section—
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
This Act’s bill:Second reading speech
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