12 Jan 2022
Nur Syafiqah Binti Mohammad Bakri [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- W-05(M)-618-12/2019 (Mahkamah Rayuan)
- Court
- M
- Case number
- W-05(M)-618-12/2019 (Mahkamah Rayuan)
The Court upheld the High Court's factual findings that appellants had exclusive access, custody, control and knowledge of the drugs found in the apartment and that the first appellant had control of the Proton Satria; common intention under Section 34 was properly inferred from the totality of circumstantial evidence; statutory presumption of trafficking under Section 37(da) DDA 1952 was properly invoked given the weights and not rebutted on balance of probabilities; SP6 was credible and did not require corroboration; failure to call Murugan did not justify an adverse inference as he was not…