Ratio Decidendi
The reverse burden of proof in s.28 Misuse of Drugs Act 1971 (defence of lack of knowledge) should be read as imposing an evidential burden, not a legal burden, to comply with Article 6(2) ECHR (presumption of innocence).
Ffeithiau
Lambert was found with a bag containing cocaine. He claimed he did not know it contained drugs. Under s.28, the legal burden was on him to prove lack of knowledge.
Crynodeb o'r dyfarniad
The House of Lords held that reading s.28 as imposing a legal burden on the defendant would be incompatible with the presumption of innocence under Article 6(2). The provision should be read as an evidential burden.
Dyfyniadau allweddol
"The reverse burden should be read down to an evidential burden to achieve compatibility with Article 6(2)."
— Lord Steyn
Triniaeth ddilynol
Key authority on reverse burdens and human rights in drug cases.