- The defendant was in possession of drugs contract to the Misuse of Drugs Act 1971
- Was the judge correct to direct the jury that there was an implied legal burden on the defendant to prove his lack of reasonable belief of possession?
- Yes, but not in future
- If the trial took place after the implementation date of the Human Rights Act 1998, a legal burden would run contrary to the right to a fair trial (Article 6(2) ECHR), therefore in future, only an evidential burden may be imposed on the defendant
- No such protection exists in this case as the trial took place prior to that implementation date