Australian court says presumption of guilt a subversion

“In our view, there is no reasonable justification, let alone any ‘demonstrable’ justification, for reversing the onus of proof in connection with the possession offence. As we have said, the combined effect of s 5 and s 72(1) is to presume a person guilty of the offence of possession unless he/she proves to the contrary. That is not so much an infringement of the presumption of innocence as a wholesale subversion of it.”

Victoria (Australia) Supreme Court,
in its judgement on a drug case (17 March 2010)

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