It is our position that reverse onus offences are never justified, as the burden of proof should always be borne by the State, with its superior powers and resources. However, since this is unlikely to be accepted, we submit that if members of the public must have the burden of proving their innocence, then the evidentiary standard must be possible for a private citizen to feasibly challenge, and judges must have sufficient discretion to ensure a fair trial. The scheme as currently implemented satisfies neither of these criteria. 

Read More