14 Nov 2024
Tan Kok Bin [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- S-05(M)-426-11/2021 (Mahkamah Rayuan)
- Court
- M
- Case number
- S-05(M)-426-11/2021 (Mahkamah Rayuan)
The Court of Appeal affirmed conviction because the prosecution proved the identity and net weight of the drugs and that the appellant had custody and control, thereby properly invoking section 37(d) DDA; the appellant failed to rebut the presumption and the innocent carrier defence was rejected on wilful blindness; on sentence, exercising discretion under Act 846 the court commuted the death sentence to 30 years' imprisonment commencing from date of arrest plus 14 strokes of whipping.