Read the full judgment text of FAMC 000011/2005 on BabelCite. This FAMC judgment was delivered on 26 April 2005.
1. The Court of Appeal has certified the involvement of a point of law of great and general importance. That point is contained in a question certified by the Court of Appeal. And the prosecution wishes to argue within that question that the statutory provisions concerned are constitutional even if they impose a legal burden on a defendant or, what is easier to argue, that they impose an evidential burden which can be arrived at by way of construction and which would be constitutional.