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04related terms
May 2026reviewed
In detail
How onus of proof works in practice.
The onus of proof determines who must establish the facts in a legal proceeding. In criminal matters in Victoria, the onus lies entirely with the prosecution. The accused does not need to prove innocence or call any evidence. The prosecution must establish every element of the charge to the required standard. There are limited exceptions where the onus shifts to the accused to establish a statutory defence on the balance of probabilities, but these are narrow. Understanding where the onus lies is central to assessing the strength of any criminal charge.
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