Section 39B(1)(a) of the Dangerous Act 1952
3 cases · April 2024 to November 2024
Key Issues & Sub-Topics
drug trafficking of Methamphetamine — appeal against sentence — possession of the drugs — drugs found in the sling bag — admissible evidence of conduct — Section 8 of the Evidence Act 1950 — statutory presumption — trafficking the incriminating drugs — defence has not cast any reasonable doubt — Section 54 of the Abolition of Mandatory Death Penalty Act 2023 — a life imprisonment sentence — whipping instead of death — Section 3 of the Criminal Justice Act 1953 (Revised 1988) — life imprisonment to be 30 years — the conviction is safe — affirm the conviction — set aside the death sentence 2 drug trafficking of 211.95 grams of Methamphetamine — appeal against conviction and sentence — whether the Appellant was in the possession of the drugs — application of statutory presumption under Section 37(d) of the DDA 1952 — overwhelming affirmative evidence had shown that the Appellant had control and custody over the drugs — Section 8(2) of the Evidence Act 1950 — Section 9 of the Evidence Act 1950 — discrepancy in the oral testimony — access to the house — Section 144 (g) of the Evidence Act 1950 — Section 54 of the Abolition of Mandatory Death Penalty Act 2023 — a life imprisonment sentence — reduced the minimum number of whippings from 15 to 12 strokes — the interpretation of the term "life imprisonment" — Section 3 of the Criminal Justice Act 1953 (Revised 1988) — term of life imprisonment to be 30 years 1
drug trafficking of Methamphetamine — appeal against sentence — possession of the drugs — drugs found in the sling bag — admissible evidence of conduct — Section 8 of the Evidence Act 1950 — statutory presumption — trafficking the incriminating drugs — defence has not cast any reasonable doubt — Section 54 of the Abolition of Mandatory Death Penalty Act 2023 — a life imprisonment sentence — whipping instead of death — Section 3 of the Criminal Justice Act 1953 (Revised 1988) — life imprisonment to be 30 years — the conviction is safe — affirm the conviction — set aside the death sentence 2 cases
drug trafficking of 211.95 grams of Methamphetamine — appeal against conviction and sentence — whether the Appellant was in the possession of the drugs — application of statutory presumption under Section 37(d) of the DDA 1952 — overwhelming affirmative evidence had shown that the Appellant had control and custody over the drugs — Section 8(2) of the Evidence Act 1950 — Section 9 of the Evidence Act 1950 — discrepancy in the oral testimony — access to the house — Section 144 (g) of the Evidence Act 1950 — Section 54 of the Abolition of Mandatory Death Penalty Act 2023 — a life imprisonment sentence — reduced the minimum number of whippings from 15 to 12 strokes — the interpretation of the term "life imprisonment" — Section 3 of the Criminal Justice Act 1953 (Revised 1988) — term of life imprisonment to be 30 years 1 case
Court Distribution
Key People & Firms
Cases
s-05m-121-03-2022
Pagal Midzfar Abduhari v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]
11 November 2024
MYCOA
s-05m-53-02-2022
Mohd Ashfieq Bin Mohamad v Pendakwa Raya [Pendakwa Raya]
10 November 2024
MYCOA
q-05m-338-09-2020
JASON HEW KIONG CHEW v Pendakwa Raya [Pendakwa Raya]
21 April 2024
MYCOA