Seanad debates

Tuesday, 14 February 2017

Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages

 

2:30 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I know. The Senator was dealing with a different section. However, in one case, namely, murder, if at the end of the prosecution case the jury has a reasonable doubt, not withstanding the presumption present, one is entitled to be acquitted. Here we are dealing with a different standard of proof, not reasonable doubt; here we are dealing with balance of probabilities. One must establish that it is more probable than not. This is the standard of proof that must be applied. In other words, one cannot consider murder presumptions as a precedent in this area, as Senator Bacik argued earlier. One cannot-----

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