Just a question for the legal experts among us. I was just having a look at Google regarding the Max Sica case and would like something clarified re Queensland law. Is it true that in a court case only the prosecution can present evidence and witnesses. Im sure I must be reading this incorrectly. It doesn't sound right to me.
Louisepiglet, in relation to your question, I thought I would offer my opinion in relation to the law in Queensland.
The Prosecution is required, in a criminal trial, to prove beyond reasonable doubt that the Defendant is guilty of committing the offence. This means that the Prosecution has the "burden of proof" and is required to present evidence that proves beyond reasonable doubt that the Defendant is guilty of committing the offence. The Prosecution’s burden of proof
applies to each element of the offence (for example, in relation to the offence of murder in the present case, that (1) GBC
caused the death of ABC or grievous bodily harm to her and that (2) GBC
intended to cause the death of ABC or grievous bodily harm to her) and extends to excuses that are raised on the evidence, for example, Self-Defence, Accident and Provocation.
The Defendant (except in relation to the defences of Insanity and Dimished Responsibility - see below), is not required to prove the Defendant's innocence and accordingly, does not need to present evidence. However, the Defendant can, and usually does present evidence to create doubt in the Prosecution's case.
Where the Defendant raises the defence of Insanity or Diminished Responsibility (abnormality of mind at the time of doing the act that caused the death), the
Defendant has the burden of proof to establish on a balance of probabilities that the Defendant is insane or suffering diminished responsibility.
I hope this information is helpful.
:cow: MOO