Section 135 Evidence Act 2011
Section 135 Evidence Act 2011 is titled ‘Standard of proof where commission of crime in issue and burden where guilt of crime, etc. asserted‘. It is under Part IX (PRODUCTION AND EFFECT OF EVIDENCE) of the Act. It states as follows:
(1) If the commission of a crime by a party to any proceeding is directly in issue in any proceeding civil or criminal, it must be proved beyond reasonable doubt.
(2) The burden of proving that any person has been guilty of a crime or wrongful act is, subject to section 139 of this Act, on the person who asserts it, whether the commission of such act is or is not directly in issue in the action.
(3) In election matters, whether the commission of crime is in issue or not, proof shall be on the preponderance of evidence or balance of probabilities.