Analysis of information sources in references of the Wikipedia article "Burden of proof (law)" in English language version.
8.30 The Australian Constitution does not expressly provide that criminal trials must be 'fair', nor does it set out the elements of a fair trial, but it does protect many attributes of a fair trial and may by implication be found to protect other attributes.
8.36 The High Court may have moved towards—but stopped short of—entrenching procedural fairness as a constitutional right.[43] If procedural fairness were considered an essential characteristic of a court, this might have the potential, among other things, to constitutionalise "the presumption of innocence, the 'beyond reasonable doubt' standard of proof in criminal proceedings, the privilege against self-incrimination, limitations on the use of secret evidence, limitations on ex parte proceedings, limitations on any power to continue proceedings in the face of an unrepresented party, limitations on courts' jurisdiction to make an adverse finding on law or fact that has not been put to the parties, and limitations on the power of a court or a judge to proceed where proceedings may be affected by actual or apprehended bias".
In the plurality judgment, the error committed by the Industrial Court was adjudged to mean that the Court conducted a trial that was not in accordance with the laws of evidence. Accordingly, the Industrial Court acted 'in breach of the limits on its power to try charges of a criminal offence' and 'misapprehended a limit on its powers'.
Paragraph 32.
Clear and convincing evidence is typically defined as that measure or degree of proof which will produce in the mind of the trier of facts a firm belief or conviction as to the allegation sought to be established.
{{cite web}}: CS1 maint: date and year (link)Proving the accused's guilt beyond reasonable doubt is the standard of proof the Crown must achieve before you can convict [him/her] and the words mean exactly what they say — proof beyond reasonable doubt. When you finish considering the evidence in the trial and the submissions made by the parties you must ask yourself whether the Crown has established the accused's guilt beyond reasonable doubt.
(paragraph 15): I wish to lay some stress upon the words I have italicised. Lord Nicholls was not laying down any rule of law. There is only one rule of law, namely that the occurrence of the fact in issue must be proved to have been more probable than not. Common sense, not law, requires that in deciding this question, regard should be had, to whatever extent appropriate, to inherent probabilities.
Offences under commonwealth law will either be: A summary offence, punishable by up to 12 months in prison An indictable offence, punishable by more than 12 months in prison.
Clear and convincing evidence is typically defined as that measure or degree of proof which will produce in the mind of the trier of facts a firm belief or conviction as to the allegation sought to be established.
(paragraph 15): I wish to lay some stress upon the words I have italicised. Lord Nicholls was not laying down any rule of law. There is only one rule of law, namely that the occurrence of the fact in issue must be proved to have been more probable than not. Common sense, not law, requires that in deciding this question, regard should be had, to whatever extent appropriate, to inherent probabilities.