30 Dec 1982
WONG CHI-KWOK v. THE QUEEN
- Citation
- WONG CHI-KWOK v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC545/1982
The section 76A offence requires proof of custody or possession and that the articles are fit for forgery; the statutory presumption that they were intended for that use is properly construed objectively from surrounding circumstances and, if raised, shifts the evidential burden to the accused to show on the probabilities lack of intent or lack of awareness of intent by others. The judge's directions were sufficient and the convictions are safe, but the sentencing judge erred in treating the appellant as a principal; sentences reduced accordingly.