King v The Queen

Criminal law – Burglary - Offence of committing an offence in the place of another person when in that place without that other person's consent - Criminal Code (WA), s 401(2) - Onus of proof - Onus on prosecution to prove beyond reasonable doubt absence of consent under s 401(2) - Where offence alleged to be committed was breach of restraining order - Where restraining order prohibited entry onto premises - Statutory provision for defence to offence of breach of restraining order if defendant proves on balance of probabilities existence of consent to be on premises - Whether provision relevant - Whether Court of Appeal erred in dismissing appeal from trial judge's jury direction that onus was on prosecution throughout to negative consent.

Criminal Code (WA) – s 401(2).

Restraining Orders Act 1997 (WA) – ss 61, 62.