20 Dec 1990
A conviction resulting from a trial in which the judge misdirected the accused by stating she was required to give evidence to rebut statutory presumptions under s47, thereby effectively depriving her of the right to silence, is unsafe and must be quashed; a retrial is required, noting that the initial burden to prove primary facts rests on the Crown.
16 Feb 1989
The Court held that (a) admissions recorded in the circumstances were properly found by the trial judge to be voluntary and rightly admitted; technical breaches of the Judge's Rules did not require exclusion absent oppression or prejudice; and (b) for very large quantities of dangerous drugs those involved as major participants may properly receive sentences in the order of 20 years, so the sentence imposed on Lau was appropriate. Accordingly leave to appeal was dismissed for both applicants.
20 Nov 1985
Statutory presumptions under sections 46 and 47(1)(a) applied to the proven possession; the appellant failed to rebut those presumptions on the balance of probabilities and, given that storage constitutes dealing (trafficking) per precedent, the conviction was properly sustained; therefore the application for leave to appeal was dismissed.
25 Oct 1978
The trial judge was correct to hold the wife had a case to answer because the statutory presumption in section 47(1)(a) arose once it was proved the brief case was present in the jointly occupied cramped premises and the wife admitted knowledge of the case; there is no common‑law presumption excluding joint possession in favour of the husband; the wife failed to rebut the statutory presumption on the balance of probabilities, so the appeal is dismissed.
18 Apr 1973
Possession of the key fitting the hut established a statutory presumption of possession of the drugs under s.47 Cap.134, and the quantity of drugs established the further statutory presumption of possession for the purpose of trafficking under s.46 Cap.134; the first appellant failed to rebut these presumptions on the balance of probabilities, therefore convictions and sentences were upheld.