30 Mar 2021
SRI GANESH A/L JAYA BALAN
- Citation
- B-05(M)-120-03/2019 (Mahkamah Rayuan)
- Court
- M
- Case number
- B-05(M)-120-03/2019 (Mahkamah Rayuan)
Court held Sri Ganesh's conviction and death sentence for trafficking under s39B(1) Dangerous Drugs Act 1952 was safe because evidence proved actual possession and knowledge; by contrast the conviction of Agnish for possession under s39A(2) was unsustainable because the trial judge accepted that Agnish lacked knowledge (mens rea), so the mental element was missing and acquittal was ordered; the prosecution's cross‑appeal on sentence for Agnish was dismissed.