30 Jul 2025
TAY CHER BOON [ ]
- Citation
- B-05(SH)-370-09/2023 (Mahkamah Rayuan)
- Court
- SH
- Case number
- B-05(SH)-370-09/2023 (Mahkamah Rayuan)
Appeal allowed in part: trial convictions for trafficking (s.39B(1)(a) ADB 1952) set aside because the judge conflated direct evidence of possession and statutory presumption leading to legal uncertainty; convictions substituted for possession offences (s.12(2) ADB 1952 with applicable sentencing provisions s.39A(2) and s.12(3) as stated) and sentences varied accordingly; appellate court concluded evidence did not safely establish trafficking but did establish possession by appellant of the specified controlled substances.