Burden & Standard

Burden & Standard

1. Determine who has to prove the fact in issue - S 101-114

2. Legal burden - obligation to adduce evidence to the satisfaction of the court to establish existence or non-existence of fact in issue - proved separately - discharged only fact in issue established or proved - Jayasena - S 3 refer to legal burden not evidential burden

3. Evidential burden - duty to adducing evidence - either at beginning of the case or later moment throughout the trial or discussion - Jayasena - Privy Council totally rejected the term 'evidential burden of proof'