11 Mar 2025
Iun Chung Peng [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- S-05(M)-108-03/2022 (Mahkamah Rayuan)
- Court
- M
- Case number
- S-05(M)-108-03/2022 (Mahkamah Rayuan)
The Court upheld conviction because the appellant had actual and continuous physical possession and control of the luggage, unlocked it with the numerical code demonstrating knowledge, and was wilfully blind to the illicit contents; the quantity triggered the statutory presumption of trafficking under DDA s.37(da)(xvi) which the appellant failed to rebut on balance of probabilities; accordingly conviction stands though death sentence was commuted to 30 years imprisonment and 12 strokes.