8 Dec 2025
ABDUL BIN MOHD DESA
- Citation
- K-05(H)-205-05/2024 (Mahkamah Rayuan)
- Court
- H
- Case number
- K-05(H)-205-05/2024 (Mahkamah Rayuan)
Although the evidence established that the appellants possessed the drugs with common intention (possession and knowledge proven by direct observation of handling/packing), the trial court's conviction for trafficking under s.39B(1)(a) based on invoking s.37(da) atop a deemed possession was unsafe as it amounted to a 'presumption upon a presumption'; convictions under s.39B(1)(a) were quashed and substituted with convictions for possession under s.12(2) ADB punishable under s.39A(2) ADB read with s.34 Penal Code; appropriate sentence fixed at 10 years' imprisonment and 10 strokes from the dat…