24 Sept 2020
Peter Onyeka Nnaegbo
- Citation
- B-05(M)-177-03/2018 (Mahkamah Rayuan)
- Court
- M
- Case number
- B-05(M)-177-03/2018 (Mahkamah Rayuan)
Given that all capsules were excreted from the appellant, custody and control were established and s37(d) presumption of possession and knowledge applied; the quantity (613.1g total) and concealment by swallowing to avoid detection supported inference of trafficking under s2; appellant failed to rebut the statutory presumption or to prove intoxication or duress on the balance of probabilities; IDD85 and IDD86 were inadmissible as hearsay and non-compliant with CPC; therefore conviction and death sentence were properly affirmed.