2 Apr 1993
THE QUEEN v. YEUNG CHU TIM
- Citation
- THE QUEEN v. YEUNG CHU TIM
- Court
- Court of First Instance
- Case number
- HCMA484/1992
The conviction was unsafe and must be quashed because the magistrate applied the wrong standard (balance of probabilities) to the rebuttal of a presumption that imposes only an evidential burden; although the magistrate purported to rely alternatively on an inference of intent, that finding could have been influenced by the erroneous standard and therefore cannot be regarded as safe.