Standard & Burden of Proof

‘Beyond reasonable doubt’ is the standard of proof required in criminal cases.

The burden of proving this falls upon the prosecution.

To prove a case ‘beyond reasonable doubt’ means that the evidence must be so strong that there is no reasonable doubt in the mind of a typical person that the accused committed the crime. If there’s any reasonable doubt, the jury or judge must acquit (free them of the charge by a verdict of not-guilty).

 

Fair Trial

“A critical part of the criminal justice system is the presumption of innocence. What it means is that a person charged with a criminal offence is presumed to be innocent unless and until the Crown persuades a jury that the person is guilty beyond reasonable doubt.”

– Judicial Commission NSW

 

So, why is there a higher standard?

The higher standard in criminal cases is because the stakes are incredibly serious. A wrongful conviction can mean the loss of someone’s freedom, usually for prolonged periods of time. This standard protects the innocent by reducing the likelihood of wrongful convictions.

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