21 May 2025
Wan Mohd Efizan Bin W. Mohd Shamli [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- B-05(SH)-222-05/2024 (Mahkamah Rayuan)
- Court
- SH
- Case number
- B-05(SH)-222-05/2024 (Mahkamah Rayuan)
On appeal the court found that inconsistencies and disputed facts concerning discovery of the package in the wardrobe created reasonable doubt as to the prosecution's case on trafficking (P2) and undermined the application of the s37(da) presumption; accordingly the trial conviction under s39B was quashed. Conversely, evidence of open packages on the dressing table, corroborated by SP8's guilty plea and SP7's credible evidence, proved possession and common intention for P4 beyond reasonable doubt and that conviction was upheld.