The prosecution has to prove that you are guilty of the crime of which you have been accused. This means that the prosecution has to provide enough evidence to the court to prove that you are guilty.

Standard of proof

Your guilt must be proved beyond reasonable doubt. This means that the prosecution has to prove your guilt in such a way that a reasonable person would not have doubts about the fact that you committed the crime and that you had the necessary mens rea when you did that.  

example If someone is accused of the intentional burning of a forest, the prosecution has to prove that firstly, the accused burned the forest and secondly, that he/she wanted to do it.

If there are any doubts about your guilt or any other circumstances in the case, such as the intent, awareness of aggravating circumstances etc., then they have to be interpreted in your favour.

Exceptions

There are also facts that need to be proven by you. If you have an alibi or if there are any other circumstances that show that you are not liable, it is your duty to bring them to the court’s attention and prove their existence.

There are certain facts or legal notions that do not need to be proven. These facts can be presumed to be true unless you prove otherwise. These presumptions do not violate your rights as long as you are given the opportunity to challenge them. 

example It is presumed that every person knows their professional duties and obligations and that they are familiar with their duties under the law of the country they are in.

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Last updated 31/01/2019