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ARTICLE · 05 OCTOBER 2021

What does Beyond Reasonable Doubt mean in the criminal law?

What is a standard of proof & where does it come from? Who decides? Can an innocent person be found guilty?

AustraliaCriminal Law

When you are charged with an offence by the police, they are required to be able to prove that charge "beyond reasonable doubt".

Under the common law tradition, it is not the responsibility of the accused person to prove his or her innocence; in other words, " the onus of proof" never rests with the defence.

Rather, the prosecution is required to prove all elements (or ingredients) of the alleged offence to a standard of proof known as beyond any reasonable doubt.

The defendant, on the other hand, is presumed to be innocent until and unless the prosecution is able to discharge its onus of proving guilt beyond reasonable doubt in a court of law.

So, what does all this mean?

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