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CASE(S) OF THE WEEK

PP v. MOHD DZAHIR AHMAD
COURT OF APPEAL, PUTRAJAYA
BALIA YUSOF WAHI JCA, ROHANA YUSUF JCA, TENGKU MAIMUN TUAN MAT JCA
[CRIMINAL APPEAL NO: K-05-23-01-2013]
30 DECEMBER 2014

CRIMINAL LAW: Dangerous Drugs Act 1952 - Offence of trafficking - Accused person acquitted and discharged - Appeal against - Drugs found in house frequented by other persons - Defence of no knowledge - Whether reasonable doubt cast on prosecution's case - Whether Judicial Commissioner (`JC') erred when re-evaluating on issue of possession - Whether JC considered and evaluated defence evidence sufficiently - Whether there was failure to establish prima facie case against accused person - Whether JC's judgment should be upheld - Whether accused person entitled to order of acquittal and discharge

CRIMINAL PROCEDURE: Appeal - Appeal against acquittal and discharge - Offence of trafficking in dangerous drugs - Drugs found in house frequented by other persons - Defence of no knowledge - Whether reasonable doubt cast on prosecution's case - Whether Judicial Commissioner (`JC') erred when re-evaluating on issue of possession - Whether JC considered and evaluated defence evidence sufficiently - Whether there was failure to establish prima facie case against accused person - Whether JC's judgment should be upheld - Whether accused person entitled to order of acquittal and discharge



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