[2008] EWCA Crim 3179

A judge who directed a jury that a defendant had to discharge a persuasive rather than an evidential burden of proof in relation to a defence under the Misuse of Drugs Act 1971 s.28 had made a fundamental error, and in the particular circumstances of the case the conviction which had followed had to be quashed as unsafe.

CA (Crim Div) (Richards LJ, Maddison J, Judge Stephens QC)

18/12/2008