3 Sept 1982
PAULINE LILIAN DEARY AND ANOTHER v. THE QUEEN
- Citation
- PAULINE LILIAN DEARY AND ANOTHER v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC289/1982
The Court of Appeal found the trial judge had not given adequate reasons for rejecting the defence and misdirected on material facts; on examination the seized documents and totality of evidence were more consistent with personal consumption than sales, so the s.46 presumption was rebutted on balance of probabilities; convictions for trafficking were unsafe and were quashed and substituted with convictions for simple possession; original sentences were set aside and fines imposed with rescission of the s.38 order.