PENDAKWARAYA PENDAKWA RAYA GHASEM HOZOURI HASSAN

05-209-10-2015 Federal Court (Mahkamah Persekutuan) 16 May 2018 • 05-209-10/2015

Catchwords

Criminal Procedure - Appeal - Appeal against conviction and sentence - Accused convicted for offence of trafficking dangerous drugs and sentenced to death - Drugs found in two rooms - Accused's fingerprints and DNA found on incriminating items - Whether accused had care and management of premises - Defence of no knowledge - Whether probable - Whether accused had knowledge, exclusive control and custody of drugs - Whether there was misdirection by trial judge in handling and applying presumptions - Whether conviction and sentence safe - Dangerous Drugs Act 1952, s. 39B(1)(a) Evidence - Adverse inference - Failure to call witness - Drugs found in rooms - Whether accused had exclusive care and management of premises - Whether accused had knowledge, exclusive control and custody of drugs - Whether accused tenant of premises - Whether prosecution failed to call real tenant of premises - Whether adverse inference ought to be invoked for failure to call witness - Evidence Act 1950, s. 114(g)

Practice Areas

Criminal Procedure Criminal Law Evidence

Judges (5)

Ahmad bin Haji Maarop Coram Azahar bin Mohamed Coram Md. Raus bin Sharif Delivered Ramly bin Haji Ali Coram Zainun binti Ali Coram

Parties (2)

Pendakwa Raya Prosecutor Ghasem Hozouri Hassan Appellant

Judgment

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Read on eJudgment

Source: eJudgment (05-209-10-2015)