27 May 2025
1. ) Mohd Nazri Bin Wahab 2. ) Wan Hamdan Bin Wan Hashim [ ]
- Citation
- J-05(SH)-567-11/2023 (Mahkamah Rayuan)
- Court
- SH
- Case number
- J-05(SH)-567-11/2023 (Mahkamah Rayuan)
The Court upheld the trial judge's factual findings that prosecution proved possession, control and knowledge of 54.52g of monoacetylmorphines by both appellants; the quantity exceeded the statutory minimum and hence s.37(da) presumption of trafficking applied; agent provocateur evidence under s.40A was admissible and credible; inconsistencies were immaterial and did not undermine core proof; appellants failed to rebut the presumption on balance of probabilities, therefore convictions and sentences were affirmed.