21 May 2025
Wan Mohd Efizan Bin W. Mohd Shamli
- Citation
- B-05(SH)-224-05/2024 (Mahkamah Rayuan)
- Court
- SH
- Case number
- B-05(SH)-224-05/2024 (Mahkamah Rayuan)
The Court allowed the appeal in respect of the s39B distribution charge (P2) because the prosecution failed to prove distribution beyond reasonable doubt and the appellant successfully rebutted the s37(da) presumption as to distribution; the conviction and sentence under s39B were quashed and the appellant acquitted on that count. The Court dismissed the appeal against the s12(2)/s39A(1) possession-with-intent/joint-intent charge (P4), finding the prosecution had proven possession and joint intent beyond reasonable doubt; that conviction and sentence were affirmed.