23 Sept 2025
MOHAMMAD ALEYAS BIN SAIAN
- Citation
- B-05(SH)-470-10/2024 (Mahkamah Rayuan)
- Court
- SH
- Case number
- B-05(SH)-470-10/2024 (Mahkamah Rayuan)
The Court allowed the appeals because the trial judge misapplied section 37(d) by invoking a statutory presumption after finding actual possession (jagaan, kawalan dan pengetahuan); because the prosecution had not proved trafficking under s.2 to the requisite standard without that misapplication, convictions for trafficking under s.39B(1)(a) were unsafe and were set aside and substituted with convictions for possession under s.12(2) read with s.39A(2); sentences were substituted with nine years' imprisonment from the date of arrest and ten strokes.