Page:Criminal Code Act 1995 (Australia Commonwealth).pdf/27

Criminal CodeNo 12, 1995 SCHEDULE—continued (6) In this Code:

“evidential burden”, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

Legal burden of proof—defence

13.4 A burden of proof that a law imposes on the defendant is a legal burden if and only if the law expressly:
 * (a) specifies that the burden of proof in relation to the matter in

question is a legal burden; or
 * (b) requires the defendant to prove the matter; or
 * (c) creates a presumption that the matter exists unless the contrary is proved.

Standard of proof—defence

13.5 A legal burden of proof on the defendant must be discharged on the balance of probabilities.

Use of averments

13.6 A law that allows the prosecution to make an averment is taken not to allow the prosecution:
 * (a) to aver any fault element of an offence; or
 * (b) to make an averment in prosecuting for an offence that is directly punishable by imprisonment.