BURDEN AND STANDARDS OF PROOF

Question 2

BURDEN OF PROOF

Answer 2

In all criminal cases, the burden of proving that a crime has been committed is on the prosecution.

Question 3

Reversal of the Burden

Answer 3

a.Certain Defences
Although the prosecutor must prove the elements of every offence, if the defendant wishes to raise certain defences, the defendant will have the burden of proving the defence.
For example, if a defendant wishes to raise the defence of diminished responsibility, they must prove it on the balance of probabilities.
b.Certain Excuses
Sometimes, within the elements of the offence itself, there is an exception that negates the ofence. In these ofences,once the prosecution has made out the primary elements,it is for the defendant to prove—on the balance of proba-
bilities (it is more likely than not)—that they fall within thatexception.

Question 4

The Evidential Burden

Answer 4

There are certain defences, such as self-defence, that the defendant must raise for the court to consider. This is called the evidential burden of proof. However, once the defendant raises the defence, the prosecution has the burden of proof of disproving it. This is called the legal burden of proof.

Question 5

standard of proof

Answer 5

the prosecution must prove** beyond a reasonable doubt that the defendant committed the ofence. There is no precise defnition of the phrase ‘beyond a reasonable doubt’,although judges often tell juries that they must be sure** thedefendant committed the ofence to convict them. However,
where the burden of proof is reversed (see above), the civils tandard is used (that is, ‘on the balance of probabilities’ or‘it is more likely than not’ that the defendant has made out the defence).