16 Nov 2023
Khairol Anuar Bin Zakaria [ ]
- Citation
- D-05(M)-518-12/2021 (Mahkamah Rayuan)
- Court
- M
- Case number
- D-05(M)-518-12/2021 (Mahkamah Rayuan)
The Court found the prosecution proved beyond reasonable doubt that the seized material was cannabis (1,227.9g), that the accused had custody, control and knowledge of the drugs (supported by witness testimony, accused's conduct and statements admissible under s27 Evidence Act), and that the statutory presumption of trafficking under s37(da)(vi) DDA applied; conviction under s39B(1)(a) DDA was therefore affirmed and, in light of legislative removal of the mandatory death penalty, the death sentence was set aside and substituted with imprisonment for 30 years from date of arrest and 12 strokes…