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Which of the following correctly applies to the burden of proof in a criminal case ?
A – It must be proved beyond reasonable doubt
B – It must be proved on the balance of probabilities
C – It lies with the prosecution
D – It lies with the defenceThe examiner exam is C, But i wondering the ans not A?
Tricky question but the key element of the question is this:
“… the burden of proof …”
“Burden” an alternative expression for burden is “responsibility”
And it’s the responsibility (burden) of the prosecution to show beyond reasonable doubt that the accused is guilty
Does that make it clearer?
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