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CASE(S) OF THE WEEK

CRIMINAL LAW: Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in dangerous drugs - Sequence of events - Location of drugs - Whether there were conflicting testimonies - Whether appellant's defence considered - Whether non-production of material witness gave rise to adverse inference under s. 114(g) of Evidence Act 1950 - Whether exhibits tendered were in relation to charge - Whether there was a mix up of exhibits - Whether storekeeper should have been called as witness

EVIDENCE: Adverse inference - Failure to call material witness - Trafficking in dangerous drugs - Key witness - Failure to tender witness statement under s. 112 of Criminal Procedure Code - Whether failure crippled prosecution's case - Whether non-production of witness gave rise to adverse inference - Evidence Act 1950, s. 114(g)


AZMER MUSTAFA v. PP
COURT OF APPEAL, PUTRAJAYA
ABDUL MALIK ISHAK JCA; AZAHAR MOHAMED JCA; MOHD ZAWAWI SALLEH JCA
[CRIMINAL APPEAL NO: B-05-328-2010]
21 MARCH 2014




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