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).
ข้อเท็จจริง
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.
สรุปคำพิพากษา
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.
คำกล่าวสำคัญ
"The reverse burden should be read down to an evidential burden to achieve compatibility with Article 6(2)."
— Lord Steyn
การอ้างอิงภายหลัง
Key authority on reverse burdens and human rights in drug cases.