PENDAKWA RAYA Pendakwa Raya TERTUDUH WONG MING YANG
Catchwords
CRIMINAL LAW Dangerous Drugs — Trafficking — Methamphetamine — 352.35g — Prima facie case — Presumption of possession and knowledge — Reliance on Section 37(d) of the Dangerous Drugs Act 1952 — Definition of 'trafficking' under Section 2 of the Dangerous Drugs Act 1952 — Act of delivering a sealed box to a courier service for shipment — Whether such act falls within the definition of trafficking — Defence of innocent carrier — Wilful blindness — Failure to make reasonable inquiries into the contents of the parcel despite suspicious circumstances — Whether the accused had discharged the evidential burden to disprove knowledge — Dangerous Drugs Act 1952, ss 2, 37(d) & 39B(1)(a). CRIMINAL PROCEDURE Trial — Defence — Re-opening of the defence case — Accused initially elected to remain silent — Close of defence — Accused subsequently requested to give sworn testimony before the delivery of the decision — Discretion of the court to summon or examine persons — Whether essential to a just decision — Criminal Procedure Code, ss 173(ha) & 425.
Judges (1)
Parties (2)
Judgment
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Read on eJudgmentSource: eJudgment (ja-45a-34-04-2021)