||All England Reporter
|| All ER (D) 367 (Oct)
||Court of Appeal, Criminal Division
Pill LJ, Holland and Keith JJ
||Stephen Shay (assigned by the Registrar of Criminal Appeals) for the defendant.
||Robert Brown (instructed by the Crown Prosecution Service) for the Crown.
||24 October 2002
Criminal evidence and procedure - Burden of proof - Human rights retrospective application - Effect of judicial direction as to burden of proof on safety of conviction.
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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