59Legal burden of proof—defence

59 Legal burden of proof—defence A burden of proof that a law imposes on the defendant is a legal burden only if the law expressly— (a) provides that the burden of proof in relation to the matter in question is a legal burden; or (b) requires the defendant to prove the matter; or (c) creates a presumption that the matter exists unless the contrary is proved. Example for par (b) The XYZ Act 2002, section 10 (1) creates an offence of exhibiting a film classified ‘R’ to a child. Section 10 (2) provides— (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant believed on reasonable grounds that the child was an adult. Section 10 (2) provides a defence to an offence against section 10 (1). A defendant who wishes to rely on the defence has a legal burden of proving that the defendant believed on reasonable grounds that the child was an adult.