Examination Timing: 00H00M27S
David is charged with burglary. During the trial, David claims that he believed he had permission from the owner to enter the property and take the items. The owner denies giving any such permission. Which of the following best describes the standard of proof required to establish David's defence?
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In criminal law, the prosecution bears the burden of disproving any defences raised by the defendant. In this case, if David claims he believed he had permission, the prosecution must disprove this belief beyond a reasonable doubt to secure a conviction. The defence does not need to be proved by the defendant; rather, it must create a reasonable doubt in the minds of the jury.
Key Point: The prosecution must disprove any defences raised by the defendant beyond a reasonable doubt. The burden of proof remains with the prosecution throughout the trial.
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