What is the meaning of beyond reasonable doubt
The Meaning of Beyond Reasonable Doubt
In criminal law matters, the legal test and the standard of proof is beyond reasonable doubt. This is a higher standard of proof than civil proceedings. The simple reason is that a criminal conviction could result in the loss of a person’s liberty. In the words of Sir William Blackstone, ‘it is better that ten guilty escape than one innocent suffer’.
The Law
The criminal standard of proof is set out in section 141 of the Evidence Act, which states:
(1) In a criminal proceeding, the court is not to find the case of the prosecution proved unless it is satisfied that it has been proved beyond reasonable doubt; and
(2) In a criminal proceeding, the court is to find the case of a defendant proved if it is satisfied that the case has been proved on the balance of probabilities.
Entitlement of Presumption of Innocence
The criminal justice system requires every accused to be presumed innocent until proven guilty. This is important for two reasons. First, the prosecution’s burden of proof to prove an accused guilty is squarely placed on them. Second, the power of the state to incarcerate is checked by the judiciary.
At a criminal hearing (Local Court) or trial (District/Supreme Court), the prosecution must prove every element of the offence. An accused should not be found guilty if there is an alternative hypothesis consistent with their innocence.
The practicality of beyond reasonable doubt
In R v Standley (1996) 90 A Crim R 67 (SA CCA), the court, after directing on proof beyond reasonable doubt, stated the following, “[I]f you think there is a reasonable possibility that the accused is not guilty, then he’s entitled to be found not guilty.
This does not mean an innocent person cannot be found guilty; it happens often. The law provides an appeal process in those circumstances. If you are convicted in the Local Court (by a magistrate), you can appeal to the District Court of NSW. If you are convicted in the District Court (by a Judge or jury), you can appeal to the Court of Criminal Appeal.
If you have been convicted of an offence, you should obtain legal advice from a criminal defence lawyer.
