29 Jul 2020
ZALIMAN BIN ZAKARIA PUBLIC PROSECUTOR
- Citation
- P-05(SH)-84-02/2019 (Mahkamah Rayuan)
- Court
- SH
- Case number
- P-05(SH)-84-02/2019 (Mahkamah Rayuan)
On the evidence the appellant had custody, control and knowledge of the drugs in both the sling bag and the vehicle so convictions on both charges are safe; a witness's prior statement may be used to impeach without proof of voluntariness and a material unexplained contradiction warrants expunging that witness's evidence in toto; section 39B(2A)(d) is a mandatory precondition (and requires certification by the Public Prosecutor) before a court may impose life imprisonment and whipping instead of death, and the trial judge failed to satisfy that mandatory requirement so the life sentence was s…