Rex v Lakhani
Rex v Lakhani (Criminal Appeal No. 115 of 1943) [1943] EACA 35 (1 January 1943)
The Court of Appeal held that the High Court erred in directing the Magistrate to convict the appellant solely on the basis of his failure to call certain witnesses. Section 112(g) of the Evidence Ordinance only permits, but does not require, the court to draw an adverse inference from such failure. The Magistrate's judgment was left vague as to the effect of the evidence, and the High Court should have directed the Magistrate as to the proper onus of proof, leaving him to assess the evidence and draw such inferences as he thought proper. Furthermore, the appellant retained his right of appea…
Source excerpt
- False Pretences
- Burden Of Proof
- Presumptions Of Evidence
- Appeals Process
- Onus Of Proof