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What Does "Innocent Until Proven Guilty" Actually Mean?

KM
Katarina Martinic
· 24 Apr 2024 · 3 min read
Katarina Martinic
Katarina Martinic
Associate
24 Apr 2024 · 3 min read

You will have all heard the phrase "innocent until proven guilty." In Australia, this common term is demonstrated in two principles: the burden of proof and the standard of proof.

The Burden of Proof

In our legal system, the burden of proof is held by the Prosecution, represented by Prosecutors from Victoria Police and Lawyers from the Office of Public Prosecutions. An accused person does not have to prove that they are innocent — the onus is entirely on the prosecution to prove that the accused is guilty.

Beyond Reasonable Doubt

The standard of proof is beyond reasonable doubt — the highest standard applicable in our justice system. It is undefinable, and it is a matter for the jury to decide. A judge generally cannot direct the jury on its precise meaning. A judge will generally say to the jury that they must determine what this means to themselves.

"An accused does not have to give evidence themselves, but they will often do so."

In Practice — The Erin Patterson Case

In the ongoing case of Erin Patterson — more commonly known as the "mushroom lady" — Ms Patterson was charged with murder after cooking a beef wellington for her in-laws which allegedly contained poisonous mushrooms. The Crown must prove to a jury that she murdered her lunch guests beyond reasonable doubt. Ultimately, the jury will decide whether the Crown has met this burden.

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