The onus on the accused when in a reverse onus situation was described by Orsborn J. in Pitcher v. HMTQ, 2008 NLTD 34, at paragraph 13 as follows: An accused facing a reverse onus situation is in a difficult position. The default position is continued detention; to avoid this the accused must prove one positive and two negative circumstances: 1. that he or she will attend court as and when required; 2. that continued detention is not necessary for the protection and safety of the public, and; 3. that continued detention is not necessary to maintain confidence in the administration of justice, when all circumstances are considered, including the four offence-related factors itemized in subs. 515(10)(c).
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