Rex v Gilani
Rex v Gilani (Criminal Appeal No. 254 of 1945) [1946] EACA 68 (1 January 1946)
Section 242 of the Customs Ordinance, 1926, creates legal presumptions for each count in an information, placing the burden of rebuttal on the accused. Conflicting presumptions arising from separate counts do not neutralize each other because each presumption applies only to its respective count, which is treated as a distinct charge for evidentiary purposes. The court must consider the presumption relevant to each count independently and disregard presumptions relating to other counts when determining guilt. The trial magistrate did not misdirect himself in assessing the credibility of the a…
Source excerpt
- Customs Offences
- Presumptions Of Law
- Burden Of Proof
- Conflicting Charges