Mariana Yahya JCA:

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 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, the learned HCJ convicted and sentenced the Appellant under the said charge.

[4] Aggrieved by the conviction and sentence, the Appellant appealed to this Court.

The Appeal Before Us

[5] The issues raised in this appeal, as stated in the Petition of Appeal, revolve around the element of possession and trafficking. At the appeal hearing, the learned counsel for the appellant informed this Court that the appellant would like to withdraw the appeal regarding the conviction held by the trial Court. The appellant will proceed with th