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Caretaker conventions now in place

Ahead of the 2025 federal election the Australian Government has assumed a caretaker role.

We are operating in accordance with caretaker conventions

13.5 Standard of proof - defence

Commonwealth Criminal Code: Guide for practitioners

13.5 Standard of proof - defence

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

Overview

If the defendant bears the legal burden of proof in relation to a matter, it is discharged if the trier of fact is satisfied on the balance of probabilities of the existence of the defence or exception.