Criminal Code Act 1995
Section 3
CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY Part 2.6 - Proof of criminal responsibility Division 13 SECTION 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.
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