23 Dec 2021
PENDAKWARAYA KHAIROL ANUAR BIN ZAKARIA [KP: 830225-03-5283]
- Citation
- DA-45A-08-09/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-45A-08-09/2017 (Mahkamah Tinggi)
The court accepted the chemist's identification of 1227.9g Cannabis, found the drugs in a room exclusively used by the accused and that the accused's conduct and contemporaneous answers to police (admissible under s.27 Evidence Act) established knowledge and control; because the weight exceeded the statutory threshold the s.37(da)(vi) presumption of trafficking applied and the accused failed to rebut that presumption on the balance of probabilities — therefore the prosecution proved the elements of trafficking under s.39B beyond reasonable doubt and conviction and sentence followed under s.39…