24 Jun 2024
Mazlin Bin Husain [ ]
- Citation
- DA-41S(A)-1-01/2023 (Mahkamah Tinggi)
- Court
- A
- Case number
- DA-41S(A)-1-01/2023 (Mahkamah Tinggi)
The High Court allowed the appeal because the learned Magistrate, having invoked the statutory presumption under section 37(k) DDA at the end of the prosecution case, failed to make any finding after the defence whether the presumption had been rebutted on the balance of probabilities; that non-direction was a serious misdirection which prejudiced the appellant and made the conviction unsafe, warranting quashing of conviction and sentence.