9 Nov 2023
LOO YONG HENG [ ]
- Citation
- J-05(SH)-254-06/2022 (Mahkamah Rayuan)
- Court
- SH
- Case number
- J-05(SH)-254-06/2022 (Mahkamah Rayuan)
The Court held the convictions were safe because drugs and distribution paraphernalia were found openly in the appellant's sole-occupied room together with cash, establishing actual possession and mens rea; the first judge correctly invoked the presumption under s37(da) because statutory quantity was exceeded and the appellant failed to rebut on balance of probabilities; SP5 was a hostile witness and his primary testimony remained admissible and corroborative; therefore convictions on all six charges were upheld and the death sentence was substituted pursuant to Act 846/2023.