17 Jun 2021
PENDAKWARAYA Tan Khee Sen
- Citation
- 45A-11-03/2017 & 45A-52-11/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 45A-11-03/2017 & 45A-52-11/2017 (Mahkamah Tinggi)
The prosecution proved identity, weight and continuity of custody of the seized drugs by chemist evidence and established possession and control by the accused through direct evidence (keys, residence testimony) and DNA; statutory presumption under s37(da) applied for trafficking quantities and was not rebutted on balance of probabilities; therefore accused convicted on all counts, sentenced to death for trafficking charges 1 and 3 (no evidence of assistance under s39B(2A)), and concurrent terms imprisonment for remaining possession/poisons charges.