Proving Innocence: Burden of Proof in Criminal Cases, QLD
When it comes to criminal law in Australia, the onus of proof is almost always on the prosecution. The prosecution is held to a standard of proof that is generally higher, and the evidence and proof against a defendant must be ‘beyond reasonable doubt’. This differs greatly from civil cases in which the plaintiff must provide proof, albeit at a lower standard of proof. As one of the best criminal law firms in Queensland, Resolute Legal knows that mounting a strong criminal defence requires a thorough knowledge of the ins and outs of the court system. In this blog, we explain the ‘burden of proof’ and how it is applied in Australian courts.
What is Burden of Proof?
Burden of proof is a reference to the prosecution’s duty to prove that the accused is guilty. What this means is that during a criminal case, the defendant is not required to prove their innocence, they only need to contest and disprove the prosecution’s allegations.
The prosecution is held to a high standard of proof, which means that they must present arguments and compelling evidence that would outweigh the accused’s presumed innocence.
It is important to keep in mind that criminal law in Australia states that the accused is presumed innocent until guilt can be established ‘beyond a reasonable doubt’.
Presumption of Innocence
The presumption of innocence is a foundational pillar in Australia’s rule of law. It is an indication of the country’s commitment to human rights. Simply put, it is the inviolable notion that all individuals are considered innocent of criminal charges until proven guilty. A criminal lawyer will build a defendant’s case with the presumption of innocence in mind.
Presumed innocence is the best way to ensure that, when a serious criminal assertion is levelled against an individual, the accused has the right to be viewed as innocent until the maker of the assertion meets the high standard of proof imposed upon them.
Seasoned Criminal Lawyer in Townsville
Although there is always uncertainty regarding the threshold of reasonable doubt in a criminal law case, support from one of Queensland’s most trusted criminal law firms can give you clarity and a favourable outcome. If you are facing criminal charges and would like to better understand how you are protected under the law, contact Resolute Legal. Our team of criminal defence lawyers will provide you with the support structure you need to fight your case.