Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 72

Evidential burden on accused for exceptions etc.

72. Evidential burden on accused for exceptions etc.



(1) If-

   (a)  an Act or subordinate instrument creates an offence and provides any
        exception, exemption, proviso, excuse or qualification, whether it
        does or does not accompany the description of the offence; and

   (b)  the accused wishes to rely on the exception, exemption, proviso,
        excuse or qualification-

the accused must present or point to evidence that suggests a reasonable
possibility of the existence of facts that, if they existed, would establish
the exception, exemption, proviso, excuse or qualification.

(2) No proof in relation to an exception, exemption, proviso, excuse or
qualification is required on the part of the informant unless the accused has
presented or pointed to evidence in accordance with subsection (1).

(3) If satisfied that it is in the interests of justice to do so the
Magistrates' Court may allow the prosecutor to re-open the case for the
prosecution in order to adduce evidence in rebuttal of evidence presented or
pointed to by the accused in accordance with subsection (1).

Division 7-Closing addresses