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Old 13th Feb 2018, 10:56
  #184 (permalink)  
swh

Eidolon
 
Join Date: May 2001
Location: Some hole
Posts: 2,175
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That is not my understanding,

13.1 Legal burden of proof—prosecution
(1) The prosecution bears a legal burden of proving every element of an offence relevant to the guilt of the person charged.
Note: See section 3.2 on what elements are relevant to a person’s guilt.
(2) The prosecution also bears a legal burden of disproving any matter in relation to which the defendant has discharged an evidential burden of proof imposed on the defendant.
(3) In this Code:
legal burden, in relation to a matter, means the burden of proving the existence of the matter.

As an example under CAR 235 it is up to the prosecution to prove the physical element, that you took off overweight and they have to prove it beyond a reasonable doubt.

It is a reasonable defence to have accepted a loadsheet that says you are within limits, then to find after landing that there was a loading error and unknowingly had onboard an extra pallet making your 6 tonnes overweight. This is known as defence of reasonable mistake of fact.
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