Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The prosecution has the legal burden of proving every element of an offence relevant to the guilt of the person charged.
Note See s 11 (Elements) on what elements are relevant to a person's guilt.
(2) The prosecution also has the legal burden of disproving any matter in relation to which the defendant has discharged an evidential burden of proof on the defendant.
(3) In this Act:
"legal burden", in relation to a matter, means the burden of proving the existence of the matter.