CRIM 330 Lecture Notes - Lecture 10: Exigent Circumstance, Adversarial System, Public-Interest Immunity

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In criminal law most of the time the burden of proof rests with the crown this is sometimes referred to as the legal or ultimate burden. However on some issues (such as raising a defence like provocation) the burden rests upon the accused this is referred to as an evidentiary burden (or a secondary burden) The crown must adduce evidence that proves the case beyond a reasonable doubt (ii) standard of proof. However, that there are other standards of proof, depending upon the issue in some circumstances the civil standard of balance of probabilities is acceptable (more likely than not) For example, when an accused is raising a defence (iii) relationship to reverse onuses. In some instances the law creates a reverse onus (most often done by statute) . This clearly benefits the crown and creates a disadvantage for the accused - it relieves the crown of their legal burden on the fact/issue and places it instead on the accuse.

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