Western Australian Numbered Acts

CRIMINAL PROCEDURE ACT 2004 (NO. 71 OF 2004) - SECT 78

78 .         Exceptions etc., proof of in simple offences

        (1)         In this section, unless the contrary intention appears —

        “exception” includes a condition, excuse, exemption, proviso and qualification.

        (2)         An exception in respect of a simple offence need not be specified in a charge of the offence.

        (3)         If a written law creates a simple offence and provides an exception in respect of the offence, the exception is to be taken not to apply unless the accused proves, on the balance of probabilities, that it does.

        (4)         If an accused adduces evidence for the purpose of proving that an exception does apply, the court may allow the prosecutor to re-open his or her case in order to adduce evidence to rebut that evidence.