24 Sept 2019
1. TAN CHUN CHENG 2. TAN CHOON HUI PUBLIC PROSECUTOR
- Citation
- S-05(M)-335-06/2018 & S-05(M)-336-06/2018 (Mahkamah Rayuan)
- Court
- M
- Case number
- S-05(M)-335-06/2018 & S-05(M)-336-06/2018 (Mahkamah Rayuan)
Double presumption under ss.37(d) and 37(da) could not sustain conviction following higher authority; prosecution failed to exclude access by others to the vehicle so possession was not established; caution was not adequately explained rendering post-arrest statements inadmissible; in combination the convictions were unsafe and had to be set aside with acquittal.