Pendakwa Raya v XXXX
Catchwords
Criminal Trial - s. 39B(1)(a) Dangerous Drugs Act 1952 - NFS was 15 years and 11 months old when arrested - SP4 and the team found NFS in the 3rd room of the house. Drugs found in a hole in the wall behind a wooden mirror frame which had been converted into a storage space - SP7 and 2 children found in the 1st room s154 Evidence Act - hostile witness - material differences between SP7's testimony in court and her 112 statement - even though SP7 was treated as hostile witness, it is still discretion of the court whether to reject in whole or in part the evidence of SP7 depending on the result of cross-examination - since SP7 is not discredited, her evidence can be accepted - NFS does not have custody or control over the Drugs Prima Facie case - prosecution had failed to make out a prima facie case against NFS in all the charges in accordance with s180 CPC - NFS was acquitted and discharged
Practice Areas
Judges (1)
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-45a-15-03-2024)