MARIA ELVIRA PINTO EXPOSTO v PENDAKWA RAYA

mprj-no-05-m-142-06-2018b Federal Court (Mahkamah Persekutuan) 25 November 2019 • MPRJ No. 05-(M)-142-06/2018(B)

Catchwords

Criminal Procedure - Appeal - Trafficking of dangerous drugs - High Court accepted Appellant’s defence of innocent carrier - Appellant was acquitted by High Court - Court of Appeal reversed the decision of High Court - Whether Court of Appeal erred in reversing the findings and judgment of High Court - Whether Court of Appeal misread the reasoning in Duis Akim - Section 182A Criminal Procedure Code - Whether Court of Appeal failed to consider evidence of expert opinion - Whether Court of Appeal erred in making appellate intervention - Whether the trial judge was correct in finding the presumption of knowledge has been rebutted by the Appellant - Whether defence of innocent carrier proven - Section 37(d) and Section 39B(1)(a) and (2) of Dangerous Drugs Act 1952

Practice Areas

Criminal Procedure Criminal Law

Judges (5)

Azahar bin Mohamed Delivered Idrus bin Harun Coram Mohd Zawawi bin Salleh Coram Nallini Pathmanathan Coram Tengku Maimun binti Tuan Mat Coram

Parties (2)

Pendakwa Raya Respondent Maria Elvira Pinto Exposto Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (mprj-no-05-m-142-06-2018b)