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6/7/2022
VerifiedHello and thank you for contacting JustAnswerMy name is AnanTye burden of proof in such cases is on the prosecutionThey'll have to prove beyond reasonable doubt that your friend committed an offence that results in s20 gbhIt is not an easy burden of proofDoes the video show him taling part?The burden of proving the guilt of the defendant lies on the prosecution, who must prove the particulars of the offence beyond reasonable doubt; the jury or magistrates should only convict if they are sure of the defendant's guilt.The evidential burden is the obligation to adduce sufficient evidence on a fact in issue to justify, as a possibility, a favourable finding on that issue by the magistrates or jury. Whether the evidential burden has been discharged is decided, during the course of the trial, by the judge (for example, following a defence submission of 'no case to answer'). The prosecution must adduce sufficient evidence to prevent the judge withdrawing that issue from the jury. Even where the evidential burden is discharged on a particular issue, the evidence may not be sufficient to discharge the legal burden on that issue.
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