The high degree of certainty or burden of proof required in a criminal prosecution is a fundamental safeguard against wrongful convictions. It ensures that the burden of proof remains on the prosecution, providing a fair and just process for the accused.
Burden of proof/standard of proof
The criminal burden of proof and the standard of proof are two key concepts in criminal law. The burden of proof refers to the prosecution’s (the police) obligation to prove their case against the accused. The standard of proof refers to the level of proof required to establish guilt in a criminal trial.
In the Australian legal system, the burden of proof rests squarely on the prosecution. It is the state’s responsibility to present evidence that is compelling enough to convince a jury or judge of the accused’s guilt. Importantly, the accused is not required to prove their innocence.
The prosecution must reach a very high standard of proof. Beyond a reasonable doubt requires a very high level of certainty, although not an absolute level. It is a higher standard of proof than the “balance of probabilities” standard used in civil law cases.
Why such a high burden of proof for criminal charges?
The burden of proof rests on the prosecution to such a high standard to ensure that innocent people are not wrongly convicted of crimes. Criminal convictions can have serious consequences, such as financial penalties or imprisonment, and can have a long-lasting impact on a person’s life. Before imposing such serious consequences, the prosecution must produce evidence that is strong enough to eliminate any reasonable doubt that the accused did not commit the crime.
Elements of a criminal offence
The elements of a criminal offence are the specific components that the prosecution must prove beyond a reasonable doubt in order to obtain a conviction for that offence.
In general, criminal offences are composed of two key components: the physical acts that constitute the offence (the actus reus) and the mental state or intention to commit the act (the mens rea). The prosecution has the burden of proving both the physical acts and the intention of each element of a criminal offence beyond a reasonable doubt. For example, in a charge of theft, the prosecution must prove that the accused person took someone else’s property without their consent, and that they intended to deprive the owner of that property permanently.
What about strict liability offences?
Strict liability offences, also known as absolute liability offences, are a unique category of crimes. In these cases, the prosecution is not required to prove the accused’s intention to commit the offence. Instead, the accused can be convicted based solely on the physical act or conduct that constitutes the offence.
Strict liability offences are typically minor, such as traffic violations, but they are often designed to protect public safety or enforce regulatory compliance. Examples include speeding, parking violations, and breaches of certain environmental regulations.
The rationale behind strict liability offences is that these offences do not require proof of intention because they are generally minor offences that do not carry significant penalties or imprisonment.
It is important to note that with strict liability offences, the accused person may still be able to argue that they did not commit the actual act. In limited circumstances, there may be a defence of a reasonable excuse or statutory defence, which is why it is vital to get proper legal advice specific to your situation.
Defences
In criminal law, the prosecution must prove its case beyond a reasonable doubt. However, the accused person has the right to raise defences to the charges against them. If the defence can raise a reasonable doubt as to any element of the prosecution’s case, the accused person may be acquitted, empowering them in the legal process.
Separate from criminal charges are AVOS or Apprehended Violence Orders, which are based on a different standard of proof, the balance of probabilities. This standard provides a strong level of protection for individuals in cases of potential violence.
It is important to note that the burden of proof still lies with the prosecution, even when the accused person raises a defence. In other words, the accused person doesn’t need to prove their defence beyond a reasonable doubt; rather, it is up to the prosecution to confirm that the defence is not valid.
Case example
One notable case in Australia that illustrates the application of the standard of proof beyond a reasonable doubt is the case of R v. Chamberlain. In this case, a family was camping in Uluru when the mother reported that a dingo had taken their infant daughter from their tent. Despite extensive searches, the baby’s body was not found, and the mother was subsequently charged with murder.
At her trial, the prosecution argued that the mother had killed her child, and they presented various pieces of circumstantial evidence to support their case. The defence argued that a dingo had taken the child, and they presented expert evidence to support this theory.
After a lengthy trial, the jury found the mother guilty. This conviction was based overwhelmingly on circumstantial evidence, which the jury considered sufficient to overcome any reasonable doubt. However, six years later, a piece of clothing identified as belonging to the infant was found near a dingo lair, which supported the defence’s theory. The mother’s conviction was subsequently overturned, and she was released from prison, because the existence of the clothing gave rise to a reasonable doubt that had previously not existed.
Conclusion
While criminal law protects the community and punishes those who commit serious crimes, the system is imperfect, and measures are in place to help ensure that those charged with a criminal offence have certain protections. The job of a criminal defence lawyer is to force the prosecution to prove every element of a crime and to help the court understand the circumstances of a person who has been charged.
If you or someone you know wants more information or needs help or advice, don’t hesitate to get in touch with us on 0407 534 594 or 0407 171 626 or email info@catronsimmons.com.au.