Read the full judgment text of FACC 000001/2006 on BabelCite. This FACC judgment was delivered on 31 August 2006.
1. I agree with the judgment of Sir Anthony Mason NPJ and I note that the other members of the Court also agree with his judgment. For reasons given in his judgment, the Court holds that ss 47(1) and 47(2) (“ the relevant provisions ”) properly interpreted by a process of remedial interpretation impose only evidential burdens on the defendant. That being so, the relevant provisions are constitutionally valid.
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