Section 208: Section 38 (2) (c) of the Dangerous Drugs Act 1986—Sec-tion 38 (2) (c)
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
208. Section 38 (2) (c) of the Dangerous Drugs Act 1986—Sec-tion 38 (2) (c)
of the Dangerous Drugs Act 1986 which enables a Court to convict a person
where, having regard to all the circumstances of the case against him, it can
reasonably be inferred that he was engaged in trafficking in drugs did not
violate the rule as to the burden of proof beyond reasonable doubt.
Although the Constitution requires that according to the principle of legality a law must define with precision the act which constitutes an offence, “it
is artificial to set limits on an activity which is infinitely variable”. A distinction must be drawn between aggravating circumstances which form part of
the facts which constitute the offence charged, e.g. trafficking, and those
which are independent of those facts, e.g. previous convictions. Sabapathee
v State (1999).