Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL CODE 2002 - SECT 56

Legal burden of proof—prosecution

    (1)     The prosecution has the legal burden of proving every element of an offence relevant to the guilt of the person charged.

Note     See s 11 (Elements) on what elements are relevant to a person's guilt.

    (2)     The prosecution also has the legal burden of disproving any matter in relation to which the defendant has discharged an evidential burden of proof on the defendant.

    (3)     In this Act:

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



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback