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 13.1   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.