26 Feb 2024
Appellant failed to raise a reasonable doubt because his case amounted to bare denial and afterthoughts introduced at defence stage without calling material witnesses; prosecution had established its case beyond reasonable doubt (prima facie upheld by High Court); therefore conviction and sentence were affirmed.
23 May 2023
Prima facie case was established as determined by the appellate High Court order calling the accused to defend; the statutory presumption under s.50(1) ASPRM applied once prosecution proved the request/receipt of RM100 (marked money and recorded conversation); the accused failed to rebut that presumption on the balance of probabilities given inconsistent, uncorroborated denials and conduct evidence (phone records, trapping and recovery of marked money); therefore conviction and sentence by the Sessions Court were upheld.
26 Nov 2019
The court found the prosecution proved custody/control and knowledge of the cannabis by inference from surrounding circumstances (items found on ironing board, in clothing pocket and in a bag containing appellant's identity documents, supported by credible police evidence and intact chain of custody); the appellant's inconsistent and uncorroborated denials failed to raise a reasonable doubt; conviction and sentence were therefore safe and were affirmed.
18 Nov 2019
The court found the prosecution established a prima facie case and, on full trial, proved beyond reasonable doubt that the accused was over the statutory alcohol limits (blood 180 mg/100ml; urine 234 mg/100ml) with drugs present, that his intoxication impaired his ability to control the vehicle as evidenced by collision dynamics and injuries, and that this caused the victim's death; the defence's explanations were inconsistent and failed to raise reasonable doubt; accordingly the accused was convicted under s44(1) RTA and sentenced; the stay of execution was refused because no special circums…