rayuan jenayah no: a-05-120-2009 antara mohd kamal bin osman
rayuan jenayah no: a-05-120-2009 antara mohd kamal bin osman
rayuan jenayah no: a-05-120-2009 antara mohd kamal bin osman
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burden is always on the prosecution to show that the evidence is<br />
“overwhelming”. Here, the learned High Court Judge at the prima facie<br />
stage was satisfied that the appellant was in possession of the cannabis<br />
weighing 4,089 grammes. That, in our judgment, is indicative of the<br />
overwhelming evidence adduced by the prosecution and it would trigger the<br />
proviso in favour of the prosecution. Since there is <strong>no</strong> substantial<br />
miscarriage of justice, the conviction stays and it is safe to convict the<br />
appellant.<br />
[49] In regard to grounds eight, nine, ten and eleven of the Petition of<br />
Appeal that concerned the averments that the learned High Court Judge<br />
failed to adequately consider the appellant’s defence, we have this to say.<br />
A perusal of the written grounds of judgment of his Lordship showed that<br />
the defence of the appellant was considered and analysed as seen at<br />
pages 18 to 23 of the appeal record. Having considered the defence, his<br />
Lordship was of the opinion that the defence raised by the appellant failed<br />
to create a reasonable doubt in the prosecution’s case.<br />
[50] It must be emphasised that the learned High Court Judge did <strong>no</strong>t<br />
invoke an adverse inference against the appellant for <strong>no</strong>t calling his wife as<br />
a witness. His Lordship merely stated that the appellant’s evidence was<br />
weaker without the support of his wife’s testimony. And this was criticised<br />
by learned defence counsel as a misdirection in law and that the appellant