>[!INFO] What is a burden? >A burden is an **obligation** for a party in a proceeding to have to prove something. > >For example, the Prosecution has the **legal burden** of proving the guilt of the accused **beyond a reasonable doubt** and must discharge this burden. # Defence Burdens Defence have the burden of proving, on the **balance of probabilities** a majority of defences, such as: - Duress; and - Honest and Reasonable Mistake of Fact; and - Intoxication; and - Sudden and Extraordinary Emergency; and - Sane Automatism; and - Self Defence; and - Mental Impairment >[!QUESTION] Example: Lawful Excuse >If the accused is charged with possessing a controlled weapon, the burden is on the accused to prove **on the balance of probabilities** what that lawful excuse was and that they had it at that time. The only rare instance where the burden falls back onto Prosecution, is if Defence submit a *no case to answer* argument. The evidentiary burden falls back onto the Prosecution to prove **each element of the offence** (May v O'Sullivan (1955) 92 CLR 652). # Voir Dire A *voir dire* hearing is utilised to determine the *admissibility* of evidence before it is submitted. Section 142 of the Evidence Act 2008 discusses this.