Evidence Act 1893 s 105

s 105 Burden of proof as to particular fact

105. The burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence, unless it is provided by any law that the proof of that fact is to lie on any particular person.Illustrations (a) A prosecutes B for theft and wishes the court to believe that B admitted the theft to C. A must prove the admission. (b) B wishes the court to believe that at the time in question he or she was elsewhere. B must prove it.

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