3 Sept 1974
CHAN YING v. THE QUEEN
- Citation
- CHAN YING v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC596/1974
The magistrate was entitled to rely on the statutory presumption under section 46 to uphold a finding of possession for the purpose of trafficking; conviction is affirmed. However, having regard to all circumstances including the appellant's lack of representation and the magistrate's view that an untested claim of personal use would likely have been believed, the appropriate course was to reduce the sentence from eighteen months to nine months and grant leave to appeal sentence out of time.