Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.6 - Proof of criminal responsibility  

Division 13  

SECTION 13.4  

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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