Page 201 - Magistrates Conference 2019
P. 201
⚫ I would answer the two questions “yes” and “no”. Section 8 violates s 11(d) because
it compels accused persons to prove that they are not guilty of trafficking. And s 8 is
not a reasonable limit because there is no rational connection between the fact of
possession and the fact of possession for the purpose of trafficking.
⚫ Thus I would dismiss the Crown’s appeal.
⚫ Comments?
