2 Mar 2022
Mohd Sabri Bin Yahaya [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- W-05(SH)-537-11/2019 (Mahkamah Rayuan)
- Court
- SH
- Case number
- W-05(SH)-537-11/2019 (Mahkamah Rayuan)
The Court held the conviction for possession in respect of the Proton Wira is sustainable notwithstanding the improper admission of SP6's statement because possession was proved independently of that statement by primary facts establishing custody and control (key seized from appellant, appellant guided police to the car, identification of appellant in relation to the car via Astro bill, and SP4's evidence that the car was not functional). Under s167 Evidence Act the improper admission did not occasion a failure of justice; ownership of the car is immaterial to possession findings.