Maria Binti Mad Sahirun v Pendakwa Raya [Pendakwa Raya]

s-05sh-487-10-2022 Court of Appeal (Mahkamah Rayuan) 23 September 2024 • S-05(SH)-487-10/2022

Catchwords

Trafficking - The incriminating drugs were recovered from a bag that contained documents that clearly belonged to the appellant whilst the said bag was also found in the room occupied by the appellant with no indication or evidence to suggest that any other person had access- HCJ rightly relied on the statutory presumption under section 37(da)(xvi) DDA after making an affirmative finding of actual possession - thrust of the appellant’s testimony appears to be that the drugs were planted in her bag- no credible basis to suppose that the drugs were planted in the appellant’s bag by the police and that there was no evidence to suggest that either PW3 the Arresting Officer or PW5 the Investigation Officer knew the appellant or had crossed paths with her prior to 17 October 2019- no evidence to suggest any motive for the police to falsely implicate the accused- no credible basis to suppose that the drugs were planted in the appellant’s bag by the other occupants of the house who were the only others present on the day of the raid-Sentencing-s.39B(2A)DDA- so long as one of the 4 limbs in section 39B(2A) is satisfied, the trial court may exercise its discretion to impose the alternative punishment to the death penalty.

Judges (3)

Collin Lawrence Sequerah Delivered Supang Lian Coram Wong Kian Kheong Coram

Parties (2)

Pendakwa Raya Respondent Maria binti Mad Sahirun Appellant

Judgment

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Source: eJudgment (s-05sh-487-10-2022)