LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Onus of Proving Minister’s Permission Lies on Person Charged

Under the Exchange Control Act, the person charged bears the burden of proving that the transaction had the required permission. The principle shifts the burden to the defendant. The rule applies to criminal and civil proceedings under the Act. The accused must prove permission on the balance of probabilities. The principle is statutory. The prosecution need not prove absence of permission. The rule promotes enforcement of exchange control regulations. The defendant must adduce evidence of permission. The court will presume the absence of permission unless proved otherwise.