20 Feb 2007
HANSEN V R SC 58/2005
- Citation
- HANSEN V R SC 58/2005
- Court
- Supreme Court
The Supreme Court held that s 6(6) of the Misuse of Drugs Act 1975 imposes a legal (persuasive) burden on an accused to prove on the balance of probabilities that possession was not for the purpose of supply; the phrase 'until the contrary is proved' cannot reasonably be read as imposing only an evidential burden. Where such interpretive revision is not tenable, either a s 5 justification must be shown or, failing that, s 4 requires the court to give effect to Parliament's enacted provision; on the facts the appeal was dismissed and the conviction upheld.