The prosecution must be the ones to prove guilt and no case is established as ‘proved’ until the court is satisfied that the case has been proved beyond reasonable doubt.

Proof beyond reasonable doubt is legally compared with what’s called ‘the balance of probabilities’. The prosecution must prove all of the elements in its offence beyond reasonable doubt, and also disprove beyond reasonable doubt any defences raised in a trial.

   The jury and their duty to ‘beyond reasonable doubt’
A jury doesn’t have to be satisfied beyond reasonable doubt that each and every fact that is used to prove or disprove another element exists, so long as the accused’s guilt is proven beyond reasonable doubt.

Any ‘collateral facts’ (things that are not elements of the actual crime) must be proved beyond reasonable doubt if the prosecution case would fail without it. Inference of guilt from facts is not acceptable unless the jury is satisfied that the fact existed beyond reasonable doubt. This could include circumstantial evidence.

Members of a jury cannot consider each item of evidence separately and then eliminate it from consideration unless they are satisfied beyond reasonable doubt. The evidence must be considered as a whole package until the end of the trail, with one piece of evidence often contributing to the relevance of another. If, after reviewing all the evidence, the jury is not convinced beyond reasonable doubt regarding the prosecution’s case, an acquittal must be made.

     Definition of the expression ‘beyond reasonable doubt’
Beyond reasonable doubt is an expression used to convey the high standard of proof required of the prosecution. The jury decides what is and isn’t beyond reasonable doubt. The jury decides what is reasonable in the circumstances, which is a subjective judgement.

You cannot put a mathematical judgement onto this measure of certainty (for example, 98 per cent certain), because that could possibly not allow the jury to use their judgement properly when weighing up evidence.

If you have any questions about jury duty or your obligations as a juror, please contact lawyer Vanessa Ash for advice.

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