Pendakwa Raya v Che Ku Sahabudin bin Che Ku Man

Appellant(s): Pendakwa Raya

Respondent(s): Che Ku Sahabudin Bin Che Ku Man

• YA Dato' Collin Lawrence Sequerah
• YA Datuk Hayatul Akmal binti Abdul Aziz
• YA Datuk Mohd Radzi Bin Abdul Hamid

• The accused was charged with two counts of drug trafficking under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (DDA) and one count of possession of psychotropic substances under the Poisons Act 1952.
• At the close of the prosecution's case, the High Court found a *prima facie* case for all charges, invoking the presumption of trafficking under Section 37(da)(xvi) of the DDA for the first two charges.
• At the conclusion of the trial, the High Court acquitted the accused of the first charge, amended the second charge to a lesser offence of possession, and convicted the accused on the third charge.

• Whether the High Court erred in law by revisiting and re-evaluating its earlier *prima facie* findings at the conclusion of the trial, specifically regarding the issue of access to the premises.
• Whether the High Court misdirected itself by requiring proof of an "overt act" of trafficking despite the statutory presumption of trafficking having been invoked.
• Whether the accused successfully rebutted the statutory presumptions of possession and trafficking on a balance of probabilities.

• The Court of Appeal held that the High Court erred in law by re-evaluating the *prima facie* findings at the end of the trial; the duty of the Court at that stage is limited to assessing whether the defence has raised a reasonable doubt against the prosecution's case.
• The Court of Appeal clarified that once the statutory presumption of trafficking is invoked, there is no requirement for the prosecution to prove an "overt act" of trafficking, as the presumption operates by operation of law.
• The Court of Appeal allowed the prosecution's appeals, set aside the High Court's acquittal and amendment of charges, convicted the accused on both trafficking charges, and imposed sentences of life imprisonment and whipping, while dismissing the accused's appeal against the conviction for the third charge.