Principle

CRIMINAL LAW β€” Defences β€” Insanity β€” Burden of Proof

Area of law
CRIMINAL LAW
Court
Supreme Court

The accused bears the burden of proving insanity as a defence. The prosecution is not required to disprove insanity. The burden is on the balance of probabilities (civil standard). The principle is based on the presumption of sanity. The accused must adduce evidence of mental…

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