Practice Relating to Rule 100. Fair Trial Guarantees
Section C. Presumption of innocence
In the Ohashi case in 1946 before the Australian Military Court at Rabaul, the judge advocate stated that the fundamental principles of justice included:
(a) Consideration by a tribunal comprised of one or more men who will endeavour to judge the accused fairly upon the evidence using their own common knowledge of ordinary affairs and if they are soldiers their military knowledge, honestly endeavouring to discard any preconceived belief in the guilt of [the] accused or any prejudice against him.
(e) The court should satisfy itself that the accused is guilty before awarding punishment. It would be sufficient if the court believed it to be more likely than not that the accused was guilty.