LEGAL PRINCIPLE: CRIMINAL LAW – Defence of Self-Defence – Burden of Proof When Prosecution Evidence Negates Provocation

When prosecution evidence affirmatively shows no provocation occurred—proving the victim’s conduct was not provocative or that the accused initiated violence—the evidential burden shifts to the defense to present credible evidence supporting provocation or self-defense. The prosecution need not anticipate and disprove every possible defense; once they present evidence inconsistent with provocation, the defense must counter with positive evidence. “Credible evidence” means testimony or proof worthy of belief, not mere assertion. Similarly applies to self-defense—if prosecution evidence shows no threat requiring defensive force, the defense must prove otherwise. This prevents accused persons from raising defenses unsupported by evidence merely hoping for reasonable doubt. The defense must meet the evidential burden before the prosecution must address the defense seriously.