The evidential and legal burden at different stages of the criminal trial
-The evidential burden is for the prosecution to adduce evidence for every single elements of the offences charged with hope to pass the judge.
-The legal burden is on the prosecution to prove each single elements of the offence being charged with sufficient evidence.
-After the prosecution has passed the judge the defendant has the evidential burden.
-Only in specific defences raised may the defendant has the legal burden.
-The burden of proof is less onerous in defendant cases.
-The defendant who fails to produce sufficient evidence will not necessarily lose the case.
-If the defendant raises a defence which goes beyond the denial of the prosecution case, the defendant is obliged to lay a proper foundation for his defence.
-Once a proper foundation has been completed by the defendant, the prosecution has the legal burden of disproving the defence.
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