11 Jan 2023
CHUA CHONG YIAO [ ]
- Citation
- W-05(M)-112-03/2021 (Mahkamah Rayuan)
- Court
- M
- Case number
- W-05(M)-112-03/2021 (Mahkamah Rayuan)
The Court held that the appellant's contemporaneous conduct of pointing to and removing the bags was admissible under s8(2) Evidence Act and not a 'statement' requiring s37B caution; possession was proven by direct evidence (personal items found in the seized bag and appellant's conduct) without reliance on s37(d), while s37(da) applied to support trafficking given the heroin weight; credibility findings of the trial judge were entitled to deference; consequently convictions and sentences were safe and the appeal was dismissed.