Source: All England Reporter
Publisher Citation: [2002] All ER (D) 367 (Oct)
Court: Court of Appeal, Criminal Division
Judge:

Pill LJ, Holland and Keith JJ

Representation Stephen Shay (assigned by the Registrar of Criminal Appeals) for the defendant.
  Robert Brown (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 24 October 2002

Catchwords

Criminal evidence and procedure - Burden of proof - Human rights retrospective application - Effect of judicial direction as to burden of proof on safety of conviction.

The Case

In the context of the case, the judge's direction on the burden of proof rendered the defendant's conviction for an offence of possession of a Class B drug with intent to supply unsafe.

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