1
any act done by the accused, which raises
it was done for the . the presumption that purpose of trafficking, is per se unlawful, for it involves unauthorised possession of a controlled drug, which is an offence...No wholly innocent explanation of the purpose for which the drug was being transported is possible. Their Lordships would
any
of
see no rule fundamental SO no constitutional
possession
with conflict natural justice and objection ta a statutory presumption it was rebuttable by the (provided that that accused)
his
of the controlled drugs in any measurable quantity, without regard to specific minima, was for the purpose of trafficking
of trafficking in them...the Drugs
raises the rebuttable presumption when the quantity of drugs in the possession of the accused exceeds the appropriate minimum specified in S.15.
Act only
these
as
a matter
of
It minimum
common
is not
that disputed quantities are many times greater than the daily dose taken by typical heroin addicts in Singapore; so, sense, the likelihood is that if it is being transported in such quantities this is for All that is the purpose of trafficking. suggested to the contrary is that there may
addicts
daily the normal; but consumption much exceeds these abnormal addicts, if such there be, are protected by the fact that the inference that
be
exceptional
possession
was
whose
for the is rebuttable.
purpose
In
of their
trafficking Lordships' view there is no substance in the suggestion that S.15 of the Drugs Act is inconsistent with the Constitution, at any
it relates to
the with which alone cases are concerned."
rate
So
far
possession,
as
proved instant
The Canadian Charter
In the
By far the most recent cases where the presumption of
innocence was considered come from the Canadian courts. case of R v. OAKES (1986) 24 CCC 321, the accused was charged with possession of a narcotic for the purpose of trafficking contrary to S.4 (2) of the Canadian Narcotic Control Act, R.S.c. S.8 of the Act provides that where the accused is found
establish that
not have the in possession he
1970.
must
he did
15
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