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COURT OF APPEAL PUTRAJAYA
PAGAL MIDZFAR ABDUHARI – Appellant
Versus
PP – Respondent
| Table of Content |
|---|
| 1. appeal context and nature of conviction. (Para 1 , 2 , 3 , 4) |
| 2. issues and focus of the appeal. (Para 5 , 6) |
| 3. details of the prosecution's case. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. high court's findings on possession and trafficking. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. assessment of the appellant's defense. (Para 24 , 25) |
| 6. amendments to sentencing provisions. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 7. arguments regarding sentence. (Para 35) |
| 8. final decision on sentence. (Para 36) |
Introduction
[1] This is an appeal by the Appellant (Pagal Midzfar Abduhari, the Accused) appealing on the conviction and sentence imposed by the High Court on 10 March 2022. Following the trial, the Appellant was found guilty of an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 (" DDA 1952") and sentenced to death under s 39B(2) of the same Act.
[2] The Appellant was charged under s 39B(1)(a) of the DDA 1952 for drug trafficking, to wit, 50.30 grams of Methamphetamine. The Appellant pleaded not guilty to the charge and went for a full trial before the learned High Court Judge ("learned HCJ").
[3] At the conclusion of the trial,
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