PENDAKWA RAYA Pendakwa Raya TERTUDUH YOGESAN A/L KRISHNAN
27 cases cited
(0 SG, 27 foreign)
Catchwords
CRIMINAL LAW: Dangerous Drugs – Trafficking under section 39B(1)(a) Dangerous Drugs Act 1952 – Possession of dangerous drugs – Distinction between fact of possession and knowledge of nature of thing possessed – Statutory presumption of trafficking under section 37(da) Dangerous Drugs Act 1952 – Whether presumption of trafficking could arise or operate absent proof of underlying possession – Whether prosecution proved possession of dangerous drugs beyond reasonable doubt – Whether accused's purpose in attending scene was consistent with trafficking rather than personal use – CRIMINAL PROCEDURE: Trial conducted by successor judge following retirement of predecessor judge – Duty of court at close of prosecution's case under section 180(1) Criminal Procedure Code – Requirement of maximum evaluation of prosecution evidence – Duty of court at close of defence case under section 182A(1) Criminal Procedure Code – Whether successor judge entitled or obliged to reopen finding of prima facie case made by predecessor judge – Whether successor judge's function confined to considering whether defence evidence raised reasonable doubt on whole of evidence – Distinction between supervisory review of predecessor's ruling and primary findings made on evidence heard directly by successor judge – Application of Alcontara Notice principle and resulting evidential onus on prosecution – Recall of witness under section 138 Evidence Act 1950 and section 425 Criminal Procedure Code – Whether court ought to permit in-court physical demonstration to test defence's factual assertion – EVIDENCE: Credibility of sole witness to recovery of dangerous drugs – Whether prior denial on Alcontara Notice question, subsequently shown incomplete on recall, undermines witness's credibility – Whether unexplained similarity between exhibits recovered in two separate arrests by same officer raises doubt – Whether defence account corroborated by independent witness amounts to more than bare denial – Whether positive and testable alternative account capable of raising reasonable doubt on prosecution's case – Whether discrepancy in accused's recollection of collateral fact affects credibility of substantive account – Standard of proof beyond reasonable doubt – Whether doubt raised was fanciful or remote as opposed to real and substantial – Burden of proof not shifting from prosecution save in special circumstances –
Judges (1)
Counsel (10)
M. Thanakumaran & Shan Firm Pejabat Penasihat Undang-Undang Negeri Johor Firm Amar Ajwad Counsel Accused Lydia binti Salleh Counsel Prosecution Muhammad Syafiq bin Mohd Ghazali Counsel Prosecution Nur Natasha binti Saharuddin Counsel Prosecution Selvanteran a/l Segaran Counsel Accused Shanmugam a/l Ganesan Counsel Accused Umar Faiz bin Abdul Kohar Counsel Prosecution Vinodhran Mohan Counsel Accused
Parties (2)
Statutes Cited
Cases Cited (27)
UK (1)
[1947] 2 All ER 372
MY (26)
[1963] 1 MLJ 263 [1969] 2 MLJ 232 [1971] 2 MLJ 16 [1980] 2 MLJ 195 [1982] 2 MLJ 324 [1987] 1 MLJ 492 [1988] 2 MLJ 585 [1989] 2 MLJ 313 [1991] 2 MLJ 550 [1991] 3 MLJ 169 [1991] 3 MLJ 426 [1992] 1 MLJ 137 [1994] 1 MLJ 265 [1999] 2 CLJ 677 [2002] 4 MLJ 13 [2005] 2 MLJ 301 [2006] 1 CLJ 457 [2006] 2 MLJ 197 [2006] 5 CLJ 49 [2009] 2 MLJ 194 [2013] 5 MLJ 780 [2016] 4 CLJ 227 [2018] 8 CLJ 186 [2019] MLJU 200 [2019] MLJU 48 [2021] MLJU 318
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-45a-33-04-2021)