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

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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.

 
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