Pendakwa Raya v MUHAMMAD SABREE BIN ABD WAHAB
7 cases cited
(0 SG, 7 foreign)
Catchwords
Criminal Law — Dangerous Drugs — Possession of methamphetamine — Acquittal at conclusion of defence case — Appeal by prosecution — Whether trial magistrate erred in finding reasonable doubt — Burden of proof — Whether defence explanation must be believed — Effect of failure to investigate material facts Criminal Procedure — Appeal — Appeal against acquittal — Duty of appellate court — Findings of fact by trial court — Credibility of witnesses — Whether appellate court should interfere — Whether decision manifestly wrong Evidence — Burden of proof — Reasonable doubt — Defence case — Whether court must believe defence explanation — Application of Mat v PP test — Acquittal even if explanation not believed but raises reasonable doubt Evidence — Adverse inference — Section 114(g) Evidence Act 1950 — Failure to call material witness — Failure to investigate existence of third party at scene — Police returning motorcycle without recording statement — Inference that evidence would be unfavourable to prosecution
Practice Areas
Judges (1)
Counsel (5)
Statutes Cited
Dangerous Drugs Act 1952 (Cap 234)
Evidence Act 1950 (Cap 56)
Cases Cited (7)
MY (7)
[1962] 1 MLJ 257 [1963] MLJ 263 [1985] 2 MLJ 200 [1999] 2 CLJ 215 [2002] 3 CLJ 457 [2006] 1 CLJ 457 [2012] CLJ 205
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-41lb-9-12-2024)