Ivana Bacik (Independent) | Oireachtas source

In section 22 the Oireachtas is clearly displacing the normal statutory interpretation rule by providing explicitly that a civil standard of proof must be adhered to by the defendant there. Reading it again it is correct to say that section 22 imposes a heavier burden and obligation on the defendant because it requires that they prove on a balance of probabilities that they were reasonably mistaken. It is heavier in two ways, namely, because it requires a civil standard of proof and it requires that they prove that they were mistaken to an objective standard. In section 21, by contrast, there is no reference to the standard of proof required and therefore the normal rule applies, that the presumption of innocence applies and that the legal burden remains on the prosecution. There is case law establishing that where it is not specified and says something along the lines of, "It shall be presumed unless the contrary is shown or this presumption may be rebutted", that the burden remains on the prosecution and all the defence need do is raise a reasonable doubt.