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2013 MarsdenLR 1234

FEDERAL COURT PUTRAJAYA
ISIDRO LEONARDO QUITO CRUZ – Appellant
Versus
PP – Respondent


Table of Content
1. appellant's arrival and possession of drugs. (Para 1 , 2 , 3)
2. trial judge's findings on possession presumption. (Para 4 , 7 , 8)
3. defense based on inability to traffic due to transit status. (Para 5 , 6 , 12 , 18)
4. issues concerning prosecution evidence and rebuttals. (Para 9 , 10 , 11 , 14 , 15)
5. court's affirmation of trial findings and dismissal of defense claims. (Para 13 , 16)
6. discussion on relevant case law affecting judgment. (Para 17)
7. analysis of the 'in transit' defense under the dda. (Para 19 , 20 , 21 , 23)
8. analysis of trafficking law and its application. (Para 22 , 25 , 26 , 27)
9. criteria for drug trafficking and jurisdiction. (Para 24 , 28 , 30 , 31)
10. court's stance on jurisdiction and implications of 'in transit' defense. (Para 29)

[1] The appellant, a Peruvian, arrived at the Kuala Lumpur International Airport on 10 October 2006, en route from Buenos Aires to Phuket. Upon arrival at KLIA, the appellant went to Gate H to take a Malaysia Airline flight to Phuket, scheduled at 6.10pm. He then passed through the Immigration checkpoint counter. An Immigration officer on duty (PW19) stamped his passport, granting him a social pass which allo

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