MoonlightSonata
Retired
- Joined
- Aug 17, 2002
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I take your pointspell check said:the judges seem to have leant the same way as the customs official. in the judgement one mentioned schappelle saying 'yes it is mine' or 'yes its marijuana'
and sure you would presume that something in someone's bag belongs to them but when that something is 4 kg of marijuana you'd want more than just a presumption in order to convict them of importing drugs
it is far more likely that 4kg of drugs would have been planted in her bag than a necklace, and in my opinion far more likely that the drugs would have been planted in her bag by this recently exposed drug racket than corby herself take 4kg of drugs on holiday with her
One thing though. Suppose she is a drug smuggler and was trying to import drugs into the country, for whatever reason. How are they supposed to prove she had knowledge of the drugs if there is no presumption that whatever was in the bag, she was aware of, or was hers? It would be very hard to show intent or knowledge if you did not make certain (rebuttable) presumptions