31 Mar 2022
Francis Nwankwo Okechukwu [Jabatan Peguam Negara]
- Citation
- B-05(M)-631-12/2019 (Mahkamah Rayuan)
- Court
- M
- Case number
- B-05(M)-631-12/2019 (Mahkamah Rayuan)
The Court of Appeal held the trial judge did not err: the prosecution proved custody and control because the drugs were in open bags visible and emitting smell in the room where the appellant was alone, the presumption under s.37(d) DDA applied until rebutted, the defence failed to raise a reasonable doubt or provide material particulars/witnesses necessary to undermine the narrative, and the trial judge complied with s.182A CPC; therefore convictions and sentences were safe and affirmed.