Read the full judgment text of CACC 000161/1994 on BabelCite. This Court of Appeal judgment was delivered on 3 February 1995 before Macdougall, V.-P., Bokhary and Liu, JJ.A..
Criminal law – trafficking in dangerous drugs – possession – direction to jury – section 47 presumption – comment on police credibility – appeal dismissed – The appellant was convicted of two counts of trafficking in dangerous drugs after police found drugs in a Giordano bag he was holding. He appealed on grounds that the deputy judge failed to properly direct the jury on possession, failed to direct on the section 47 presumption, and made an improper comment on police credibility. The Court of Appeal held that the direction on possession, though not a model, was sufficient as the jury had to be satisfied beyond reasonable doubt that the appellant knew the bag contained drugs. The omission to direct on the section 47 presumption was to the appellant's advantage. The comment on police credibility, though undesirable, did not render the verdicts unsafe or unsatisfactory. Appeal dismissed.
Legal issues: Direction on possession · Failure to direct on section 47 presumption · Comment on police credibility
Outcome: Appeal against convictions dismissed.