Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 2.6 - Proof of criminal responsibility  

Division 13  

SECTION 13.1   Legal burden of proof - prosecution  

The prosecution bears a legal burden of proving every element of an offence relevant to the guilt of the person charged.


See section 3.2 on what elements are relevant to a person ' s guilt.

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.

In this Code:

legal burden
, in relation to a matter, means the burden of proving the existence of the matter.


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