ABSTRACT
Kenneth Jones J: ... The onus was of course on the prosecution to prove the absence of the belief [that the defendant had lawful authority to take the car] – R v MacPherson [1973] RTR 157. But before that stage was reached, it was of course for the appellant to raise the issue. That means that he was required to call evidence or at least be able to point to some evidence which tended to show that he did hold the belief referred to in s 12(6) ...
