Update 51, May 2016
[3-600] Onus and standard of proof
Update 51 takes account of Decision Restricted  NSWCCA 63. The case concerned jury directions in relation to the onus and standard of proof: see Special Bulletin 32.
The direction at [3-600] Suggested direction — where the defence has no onus has been amended to make clear that the expression “reasonable possibility” can be used where the Crown must negative a defence/issue to the criminal standard.
The reference in the last paragraph of [3-600] to “a reasonable possibility” has been amended so that it reads “the Crown has failed to eliminate a reasonable possibility”.
A new Note 3 has been added after the direction at [3-603]:
If a judge gives the jury written directions it is essential that the directions make clear where the legal onus is on the Crown: Decision Restricted  NSWCCA 63 at , .