ABSTRACT

To determine whether a legal burden is reasonable and proportionate, it is necessary to consider whether the statutory requirement requires the accused to prove the relevant fact in issue, how difficult it will be for the accused to prove the relevant fact in issue, the potential offence with which he is charged, the accused’s rights, whether requiring the accused to prove the relevant fact in issue achieves a fair balance between the public interest and the protection of human rights for the individual, and Parliament’s view concerning what is in the public interest (R v DPP ex p Kebilene (1994)).