[2009] EWCA Crim 511
Assuming that the Criminal Justice Act 2003 s.240(9) created a rebuttable presumption as to when an offence was committed, it was necessary on appeal to establish whether the trial judge had in fact found it to be rebutted on the facts of the particular case.
CA (Crim Div) (Aikens LJ, Tugendhat J, Nicol J)
13/03/2009