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Proof beyond reasonable doubt

Not absolute certainty/ beyond shadow of doubt

Proof that leaves no reasonable doubt in mind of person


capable of sound judgment & appreciating human motivations.

Not fanciful doubt/ remote possibility/ entirely speculative.

Do not have to prove every single fact beyond reasonable


doubt – some facts Insignificant, some pivotal

But State must prove all the essential elements of crime


beyond reasonable doubt.

Where any evidence pointing to defence, State must disprove


defence – exception insanity – A must prove on balance of
Probabilities.

s 18 Code - Act may impose upon A burden of proving any


particular fact or circumstance – standard – balance of
probabilities.

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