Read the full judgment text of CACC 000298/1993 on BabelCite. This Court of Appeal judgment was delivered on 17 March 1994 before Penlington, Nazareth and Bokhary JJA.
Criminal law – drug trafficking – confiscation – Bill of Rights – presumption of innocence – application for leave to appeal – section 4 assumptions – default term – applicant pleaded guilty to manufacturing and possessing ice – sentenced to 17 years – confiscation order of $8,414,818 with three-year default term – issue whether Article 11(1) extends to confiscation proceedings – held: does not extend – if it did, assumptions are justifiable exceptions – proportionate to danger of drug trafficking – application dismissed.
Legal issues: Scope of Article 11(1) Bill of Rights in confiscation proceedings
Outcome: Application for leave to appeal against the default term of the confiscation order dismissed.