Judgments - Regina v. Johnstone (Respondent) (On appeal from the Court of Appeal (Criminal Division))

(back to preceding text)

90. That is sufficient to dispose of the appeal itself, but there remain the issue of the burden of proof placed on the defendant by section 92 (5), and further issues, on which your Lordships heard argument, whether R v Keane [2001] FSR 63 and R v S (Trade mark defence) [2002] EWCA Crim 2558) were rightly decided. On all these issues I am in complete and respectful agreement with the speech of Lord Nicholls.

House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2003
Prepared 21 May 2003