Principle

CRIMINAL LAW — Defences — Insanity — Burden and Standard of Proof of Insanity

Area of law
CRIMINAL LAW
Court
Supreme Court

The accused bears the burden to prove insanity on the balance of probabilities. The principle applies to criminal law. The standard is civil, not criminal. The rule reflects the presumption of sanity. The prosecution does not need to disprove insanity. The principle is well-established.

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