Principle

EVIDENCE LAW — Burden of Proof — Defence — Accused Must Prove Entitlement to Defences

Area of law
EVIDENCE LAW
Court
Supreme Court

In criminal trials, the general burden of proving guilt lies on the prosecution beyond reasonable doubt. However, where an accused raises a special defence—such as provocation, self-defence, insanity, or justification—the burden shifts to the accused to prove the facts establishing that defence. The standard of…

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