Nandana v. Attorney General – sllr 2008 volume 1 page 051

The case between NANDANA (plaintiff) and ATTORNEY-GENERAL (defendant) addressed the issue of whether a reversal of the presumption of innocence by placing the burden on the accused to prove innocence constitutes a misdirection of law, and whether a retrial should be ordered given evidentiary weaknesses and elapsed time. It was held that requiring the accused to rebut the prosecution’s case amounts to a fundamental legal error. The court set aside the conviction and sentence, allowing the appeal and ordering an acquittal, reaffirming the principle that the presumption of innocence is a cornerstone of criminal justice and protected by the Constitution. This decision relied on established case law and statutory interpretations, underscoring that deviation from the presumption of innocence and