29 Sept 2025
MOHD HELMI BIN HASSAN @ HUSSIN
- Citation
- KA-45A-25-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-45A-25-05/2021 (Mahkamah Tinggi)
The court found that P16 was in the accused's custody and control and its close proximity and surrounding circumstances permitted an inference of knowledge; prima facie possession was established and, given the confirmed quantity of methamphetamine (410.9g), the presumption under s37(da) applied shifting the burden to the accused who failed to rebut it on balance of probabilities; the addict/personal use defence lacked corroboration and was implausible; accordingly the accused was convicted under s39B(1)(a) and sentenced to life imprisonment exercising discretion under the Act 846 amendments.