30 Jul 2025
Tay Cher Boon [ ]
- Citation
- B-05(SH)-354-09/2023 (Mahkamah Rayuan)
- Court
- SH
- Case number
- B-05(SH)-354-09/2023 (Mahkamah Rayuan)
The Court of Appeal found the trial judge had confused direct possession findings with invocation of the statutory presumption under s.37(d) DDA, thereby imposing an inappropriate evidential burden on the appellant; because that misapplication prejudiced the appellant and the evidence did not safely support trafficking, the appeal was allowed in part and convictions substituted for possession offences with revised sentences.