17 Mar 2022
Tan Aik Swan [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- J-05(M)-519-10/2018 (Mahkamah Rayuan)
- Court
- M
- Case number
- J-05(M)-519-10/2018 (Mahkamah Rayuan)
Trial judge's factual findings that appellant purchased/used the car, the drugs were in close proximity and appellant's conduct (two attempts to flee) proved possession and knowledge; appellant failed to rebut statutory presumption under s37(da); section 39B(2A) is to be read such that paragraph (d) is mandatory conjunctive with (a)-(c) where applicable and is constitutional; therefore conviction and death sentence under s39B(1)(a) and (2) are affirmed.