12 Sept 2022
1. ) TAN KANG LOON 2. ) Ong Siang Hong [ ]
- Citation
- AA-41ES-1-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-41ES-1-03/2022 (Mahkamah Tinggi)
Conviction was unsafe because the trial judge improperly relied on exhibits and photographs found at a second location which had been excluded and thereby based the conviction on evidence outside the admissible record; combined with gaps in identification of seized items and an acceptable defensive explanation, the presumption under s11(4) could not safely sustain conviction and the appellate court must quash the conviction and order acquittal.