Principle

CRIMINAL LAW β€” Defences β€” Insanity β€” Presumption of Sanity

Area of law
CRIMINAL LAW
Court
Supreme Court

The law presumes sanity. The prosecution need not prove sanity. The accused bears the burden of rebutting the presumption. The principle is statutory under the Criminal Code. The accused must prove insanity on the balance of probabilities. The rule applies to all criminal trials. The…

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