18 Apr 1984
THE QUEEN v. LAM MING-KWONG
- Citation
- THE QUEEN v. LAM MING-KWONG
- Court
- Court of Appeal
- Case number
- CACC104/1984
The trial judge's direction was erroneous because when a statutory presumption under s.45(1) arises the accused must rebut it on the balance of probabilities; a misdirection on that burden is not normally cured by the proviso absent special circumstances, and accordingly the conviction was quashed and no retrial ordered.