Concepts Of Criminal Law

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crime(s) for which they have been charged. Answer For a criminal conviction, the prosecution bears the onus of proving beyond a reasonable doubt, that the accused had committed the crime for which they are being tried, and that there was no legal defence available to exonerate them.

In Canada, depending on the particular issue at play, the burden of proof will be different. For example, if the specific issue in question is whether a jury should be advised to consider a particular legal defence available to the accused, the burden would be on the accused to have put forward evidence that would give such a defence an "air of reality" (a considerably lower threshold). A more problematic judgment by the Supreme Court of Canada also established a balance of probabilities was the relevant burden of proof for part of the threshold to determine non-insane automatism as a defence to a murder charge.

•Who has the burden of proof to prove an affirmative defense?

Prosecutor ...

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