Problem: Consider the following statements about the onus of proof and the evidentiary burden and choose the correct option:
1. When the onus of proof in criminal matters rests upon the defence, proof beyond a reasonable doubt is required.
2. The accused bears the onus of proof regarding a defence of criminal non- responsibility on account of mental illness or mental defect.
3. The Court in S v Eadie 2002 (1) SACR 663 (SCA) interprets section 78(1B) of the Criminal Procedure Act 51 of 1977 to mean that a defence of sane automatism now imposes a burden of proof on the accused and not merely an obligation to raise the defence.
4. At the start of a criminal trial, the state is only burdened with the burden of proof.