We recently won an appeal in the District Court which clearly demonstrates that in the Criminal Jurisdiction an accused cannot be found guilty of a charge unless the Prosecution prove that charge BEYOND REASONABLE DOUBT.
Additionally, when giving judgment a judicial officer must give REASONS for why a guilty verdict has been found.
WHAT IS BEYOND REASONABLE DOUBT
The Deputy Chief Magistrate of NSW Local Court, His Honour Tsavdaridis, when addressing The Legal Studies Association of NSW Annual Conference (27 March 2024) , emphasised that:
“a court finds an accused guilty if and only if the prosecution has proven, beyond reasonable doubt – an appreciably high standard – ALL the elements of the offence and negatived any defences that an accused might have raised in discharging any evidential burden.”
His Honour continues “I have no hesitation ruling against the prosecution, and acquitting an accused, if the prosecution has not met this legal burden.”
So, there cannot be any doubt, ambiguity or possibility that the accused is guilty of the charge. It means the prosecution has to present evidence to the court that is so convincing that there can be no other explanation for the facts except that the accused is guilty.
It cannot just be the likelihood that it might be true.
ADEQUATE REASONS
His Honour Tsavdaridis also highlighted that beyond the Prosecution’s burden of proving a charge beyond reasonable doubt, it is important and mandated that the Court give reasons:
“ Without adequate reasons, justice will not be seen to be done.”
TRANSPARENCY and PROCEDURAL FAIRNESS
If the Court does not give reasons, there is no proof that the prosecution has gone through each step and proven the charges beyond reasonable doubt.
This is especially important when the case is one on one and the Court is presented with two versions of events, that of the person charged and that of the person alleging the charge.
Giving reasons is an important part of the criminal trial procedure and is a safeguard to ensure that the onus of proof, the BEYOND REASONABLE DOUBT proof is not compromised.
Everyone has the right to a fair trial.
WHAT DOES THAT MEAN TO YOU IF YOU HAVE BEEN CHARGED?
It means that everyone has the right to a fair hearing and that, especially if someone’s liberty is at stake, a conviction should only be found with compelling evidence.
Additionally, the courts will look at what they call your “character”.
Have you had any convictions in the past? Have you any references from your employers, your community leaders, your family?
Do you have any mental health issues where you may need a report from your treating psychologist or psychiatrist?
SUCCESSFUL SUBMISSIONS about NO REASONS
We successfully submitted that our client was unfairly prejudiced by the Court not requiring the prosecution to go through each part of the charge and prove the case beyond reasonable doubt.
The Court cannot just prefer one person’s version of events over another.
The Prosecution have to prove their case BEYOND REASONABLE DOUBT.
The Court has to give reasons to show that the case has been proven BEYOND REASONABLE DOUBT.
Have you been charged?
If you or a friend have been charged, please contact us as soon as possible so that we can work with you to ensure a fair trial.
You can ring us on 92611785 or Email Us
This article is for information purposes only and should not be relied upon for legal advice.
