Dixon v R

• Jurisdiction: Cayman Islands
• Judge: (Levers, J.)
• Judgment Date: 15 June 2005
• Court: Grand Court (Cayman Islands)
• Date: 15 June 2005

Grand Court

(Levers, J.)

DIXON

and

R.

Attorneys: Keith Collins & Co. for the appellant; Government Legal Dept.

Evidence-standard of proof-presumptions against accused

The accused was found guilty in the Magistrate”s Court of possession of cocaine with intent to supply and of being concerned in the possession of cocaine with intent to supply. The Magistrate found that the accused had physical control, and therefore possession, of a bottle containing cocaine and that he had had the opportunity, even if he had not availed himself of it, to examine its contents. She therefore imputed to him knowledge of the presence of cocaine in the bottle. She drew adverse inferences from his failure to provide an alibi to the police during interview, although he had been advised by them that adverse inferences could be drawn from a failure to declare his defence at an early stage. She concluded that he had knowledge of the illegal substance or was guilty of the charges. She also found his request to the police to delay the search of his property until a lawyer could be present, inconsistent with his innocence, and drew adverse inferences from his exercise of his right to silence.

Held: (1) The appeal would be allowed as, whilst the Magistrate”s judgment was not to be dissected minutely, looking at the judgment as a whole it was clear that, having quoted the law, she had failed to apply it to the facts and misdirected herself as to the question of knowledge. To establish possession under the Misuse of Drugs Law, once the prosecution had proved physical possession beyond reasonable doubt, the law imputed knowledge to the accused. It was then for the defence to rebut the presumption on the balance of probabilities. An ‘appearance’ of knowledge was not sufficient.

(2) The word ‘inference’ was not to be used loosely by a magistrate when dealing with a serious...