Standard of Proof Flashcards
Discharging of burden of proof?
Any party that carries the burden of proof must discharge this burden to the standard required.
For prosecutions to prove the charge it must discharged the burden “beyond reasonable doubt.” Any element which the defence bears the burden of proving then it must discharge it on the “balance of probabilities”
What is beyond reasonable doubt?
Beyond reasonable doubt is the standard of proof that is required for the Prosecution to prove its case. It means that the juror must be satisfied of the guilty before they convict.
What is balance of probabilities?
It is the standard of proof required for the defence to prove a particular element of its case.
It means it must carry a reasonable degree of probability, but not so high as is required in a criminal case. If the evidence is such that the tribunal can say; We think it is more probable than not, the burden is discharged. Equal to the balance of probability will not discharge the burden.
