17 Jul 2025
1. ) MOHAMAD SHABUDIN BIN YUSOFF 2. ) AMIRUL ASRI BIN SHAARI [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- B-05(SH)-380-08/2024 (Mahkamah Rayuan)
- Court
- SH
- Case number
- B-05(SH)-380-08/2024 (Mahkamah Rayuan)
The Court of Appeal held unanimously that the prosecution proved beyond reasonable doubt that appellants had possession, control and knowledge of the Cannabis and acted with common intention to traffic; AP evidence was credible and corroborated by police witnesses and chemical analysis; deficiencies in CCTV, fingerprints or DNA and non-calling of certain passengers did not create material gaps; although the trial judge misstated the burden regarding s.37(da), that error was in favour of the appellants and caused no prejudice; thus convictions and sentences were affirmed.