Section 105: Burden for Exceptions and Private Facts
105.Burden of proving that case of accused comes within exceptions and fact especially within knowledge
(1)When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any exception or exemption from, or qualification to, the operation of the law creating the offence with which he or she is charged and the burden of proving any fact especially within the knowledge of that person is upon him or her, but—
(a)that burden shall be deemed to be discharged if the court is satisfied by evidence given by the prosecution, whether in cross-examination or otherwise, that those circumstances or facts exist; and
(b)the person accused shall be entitled to be acquitted of the offence with which he or she is charged if the court is satisfied that the evidence given by either the prosecution or the defence creates a reasonable doubt as to the guilt of the accused person in respect of that offence.
(2)Nothing in this section shall—
(a)prejudice or diminish in any respect the obligation to establish by evidence according to law, any acts, omissions or intentions which are legally necessary to constitute the offence with which the person accused is charged;
(b)impose on the prosecution the burden of proving that the circumstances or facts described in subsection (1) do not exist; or
(c)affect the burden placed upon an accused person to prove a defence of intoxication or insanity.
Plain English Summary
If you are accused of a crime, you may need to prove that your situation falls under a legal exception or exemption, or that certain facts only you kn...
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