Read the full judgment text of CACC 000552/1979 on BabelCite. This Court of Appeal judgment was delivered on 13 March 1980 before Roberts, C.J., Pickering, J.A. & Leonard J..
Dangerous drugs – manufacturing – possession – presumption – found in premises – co-existence – judge's intervention – right of reply – Criminal Procedure Act 1865 – unsafe or unsatisfactory – Appellant owned flat with manufacturing equipment and heroin – caretaker saw appellant near lift – appellant not seen inside flat – fingerprint on equipment – appellant told police about heroin – Whether presumption under s.45 requires proof of co-existence – Whether judge's interventions and prosecution's reply rendered conviction unsafe – Conviction on manufacturing quashed – conviction on possession upheld
Legal issues: Presumption under section 45 Dangerous Drugs Ordinance - meaning of 'found' in premises · Whether conviction on second count was unsafe or unsatisfactory due to judge's interventions and prosecution's right of reply
Outcome: Appeal allowed in part: conviction on first count (manufacturing) set aside and sentence quashed; appeal against conviction on second count (possession) dismissed.