12 Jun 2022
[ ] 1. ) MOHD NAZRI BIN MOHAMED 2. ) ISMAIL BIN JUSOH 3. ) MAT ZAINUDIN BIN MANSOR
- Citation
- DA-45A-6-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-45A-6-09/2018 (Mahkamah Tinggi)
The court found that prosecution proved beyond reasonable doubt that the seized Eksh P38 containing 134.6g methamphetamine and 9.2g caffeine was under the custody and control of the three defendants (affirmative link, exclusivity of access, proximity and flight), that a common intention existed under s34 Penal Code, and that the statutory presumption of distribution under s37(da)(xvi) applied and was not rebutted; accordingly defendants were convicted on all charges.