High Court of Australia
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Kaz Yashima) p 1997) 98 AYNTLR filipows, ofsineeore" Crm 408 ih gy IGH COURT OF AUSTRALIA.] ALR 4354 Loe MAY . : : - : : : : APPELLANT ; DEFENDANT, x AND O'SULLIVAN . 5 'i 3 4 : és RESPONDENT. CoMPLAINANT,
ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.
H.C. or A. Criminal law—Evidence—Burden of proof—Onus on prosecution from first to last to establish guilt beyond reasonable doubt—Prima facie case made by prosecution —
ee Onus on prosecution notwithstanding—No burden of disproof cast upon accused. ADELAIDE, Se In criminal: cases, when the prosecution has made out a prima facie case, a the burden of proof does not in the absence of some statutory provision on MELBOURNE, the subject shift to the accused with the consequence that, if he fails to displace July 18. the prima facie case by denial or explanation, he ought to be convicted. The Dixon OJ., burden of proving guilt beyond reasonable doubt rests on the prosecution Webb, fi Rea eaes rom first to last. Kitto. and Taylor JJ. 'A finding that a prima facie case has been made out is a finding of law that ig p "3
on the evidence as it stands the defendant could lawfully be convicted of the offence charged. Whether he ought to be convicted depends upon the tribunal being satisfied beyond reasonable doubt on the whole of the evidence before it that the defendant is guilt; This question of fact must be decided, whether or not the defendant has given evidence, upon the basis that the prosecution throughout carries the onus of proving guilt beyond reasonable doubt, even though in some cases it may be legitimate to have regard to the fact that the defendant has not given evidence as a consideration making the inference of guilt from the evidence for the prosecution less unsafe than it might otherwise
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