The appellant appealed his convictions for possession of cocaine for the purpose of trafficking, possession of proceeds of crime, and breach of probation.
The trial judge had found that as the operator of the vehicle, the appellant had prima facie de facto possession of its contents unless there was evidence to the contrary.
The Court of Appeal held this was an error in law, as it impermissibly transferred the burden of proof to the accused and created a rebuttable presumption not found in common law or statute.
The appeal was allowed and a new trial ordered.
