1. Prosecution's evidential and legal burden

1. Prosecution's evidential and legal burden

The status of fundamental human rights has been accorded to the presumption of innocence and prosecution’s burden of proof. The prosecution has to overcome two thresholds:

1. At the close of the prosecution case, the prosecution has to satisfy an evidential burden by proving the existence of all the elements of the offence. This standard is one on prima facie case, i.e., there must be adequate and quality (e.g., non-contradictory and corroborated) evidence upon which a jury could properly conclude that the defendant is guilty. Failing to do so, a trial judge is entitled to rule that the defendant has “no case to answer” and stop the case.
2. At the close of the defence case, the prosecution also has the legal burden to satisfy the fact-finding tribunal that it has proven beyond reasonable doubt that the defendant is guilty. In other words, the prosecution must convince the jury that, after considering all the evidence, they are “sure of” the defendant’s guilt. Nothing less than that will do.