<Li> What must the prosecution prove to transfer burden to the defendant? </Li> <Li> Is the defendant required to prove something difficult or easily within his access? </Li> <Li> What threat to society is the provision designed to combat? </Li> <P> In some cases, there is a reverse onus on the accused . A typical example is that of a hit - and - run charge prosecuted under the Canadian Criminal Code . The defendant is presumed to have fled the scene of a crash, to avoid civil or criminal liability, if the prosecution can prove the remaining essential elements of the offence . </P>

Who serves on a jury to determine a persons guilt or innocence beyond a reasonable doubt