The reverse burden of proof in Uganda
The reverse burden of proof applies where a party to proceedings such a defendant or accused person who does not ordinarily bear the burden of proof is required to prove certain facts after the party with the burden of proof has proved certain propositions. Historically a reverse burden of proof applied to the defence of insanity requiring the accused person to show on the balance of probabilities that he or she was suffering from a disease of mind that prevented him or her from understanding the nature of his or her actions or that his or her conduct is wrong at the time of committing the offence. The reverse burden of proof also applies to the corruption offense of illicitly acquired wealth.
Ordinarily in a criminal trial the burden of proof is on the prosecution to prove the guilty of the accused persons beyond reasonable doubt and this burden never shifts even though the evidentiary burden to introduce certain facts into evidence might shift to the accused person. A party bearing the legal burden on a particular issue usually also bears the evidential burden of proving that issue. There are three exceptions to this rule:
- Certain criminal defences such as insanity.
- Presumptions, and
- Reverse burdens
A reverse burden of proof is usually treated as an evidential burden only, in order to ensure compatibility with Article 28 of the Constitution of Uganda which imposes a presumption of innocence (the right to a fair trial).See, R v Davies  EWCA Crim 2949, R v Keogh  EWCA Crim 528: However parliament can create a reverse legal burden of proof where it is justified and reasonable to do so. R v Lambert  UKHL 37:
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