14 Jul 2021
MOHD SHUKRI BIN ABD RASID (NO. K/P: 860826-35-5167)
- Citation
- P-05(M)-604-12/2018 (Mahkamah Rayuan)
- Court
- M
- Case number
- P-05(M)-604-12/2018 (Mahkamah Rayuan)
The Court held the trial judge's use of cumulative/double presumptions under s37(d) and s37(da)(xvi) via s37A was unconstitutional and rendered the conviction under s39B(1)(a) unsafe; however on rehearing of the evidence the appellate court found there was sufficient admissible evidence to convict the appellant of possession under s12(2) and substituted that conviction and imposed sentence of 15 years' imprisonment and 10 strokes under s39A(2), backdated to 31.05.2017.