15 Oct 2025
CHE KU SAHABUDIN BIN CHE KU MAN
- Citation
- T-05(LB)-587-12/2023 (Mahkamah Rayuan)
- Court
- LB
- Case number
- T-05(LB)-587-12/2023 (Mahkamah Rayuan)
Appellate court held the trial judge erred by re‑opening and revisiting prima facie findings at the defence stage and by failing to determine whether the accused had rebutted the statutory presumption of trafficking under s37(da)(xvi) on the balance of probabilities; possession and knowledge were proven by proximity and control of items found, the presumption was not rebutted, therefore convictions under s39B(1)(a) Dangerous Drugs Act 1952 were warranted and appropriate sentences (life imprisonment and 12 strokes for the two trafficking counts) were imposed; conviction and sentence on the poi…