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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 5B

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 5B

5B—Proof of lawful authority or lawful or reasonable excuse

In proceedings for an offence against this Act in which it is material to establish whether an act was done with or without lawful authority, lawful excuse or reasonable excuse the onus of proving the authority or excuse lies on the defendant and in the absence of such proof it will be presumed that no such authority or excuse exists.