Defence of Factual Dispute and Concept of Beyond Reasonable Doubt

Once the prosecution establish they have sufficient evidence, and there is a public interest in charging an individual with a criminal offence, they must adduce evidence that is relevant to each and every element of the subject offence. They must establish facts relevant to each element of the criminal offence beyond reasonable doubt.

Where there is any disagreement between defence and prosecution about the failure of the prosecution to prove an alleged fact beyond reasonable doubt, the defendant has a defence to the charge.