30 Jul 2025
Tay Cher Boon [ ]
- Citation
- B-05(SH)-354-09/2023 (Mahkamah Rayuan)
- Court
- SH
- Case number
- B-05(SH)-354-09/2023 (Mahkamah Rayuan)
The Court of Appeal found the trial judge had conflated presumed possession under s.37(d) DDA with direct possession and had not clearly elected or applied the correct standard; the conviction for trafficking under s.39B(1)(a) was unsafe on the evidence and therefore set aside; convictions were substituted for possession offences under s.12(2) DDA (first and third counts: Methamphetamine and MDMA; second count: Ketamine with sentencing under s.12(3)) and sentences reduced and ordered to run concurrently from date of arrest; failures alleged (non-calling of tenant and nondisclosure of cautione…
- Presumption of possession under s.37(d) dangerous drugs act 1952
- Trafficking vs possession (s.2 and s.39b dda 1952)
- Disclosure obligations and s.51a(1)(c) criminal procedure code
- Section 182a criminal procedure code (trial consideration of all evidence)
- Adverse inference under s.114(g) evidence act 1950
- Search, seizure and chain of custody