Read the full judgment text of FAMC 000012/1998 on BabelCite. This FAMC judgment was delivered on 11 September 1998.
1. The applicant's complaint is this. Although there is no presumption of trafficking, the trial judge told the jury that the applicant's failure to rebut the presumptions would result in his conviction for trafficking. That placed on the applicant the onus of disproving what was in truth for the prosecution to prove. It accordingly amounted to a misdirection in law. And such misdirection was of the kind in respect of which it would seldom be appropriate to apply the proviso.