Abdul Malik Ishak JCA:

Background

[1] Both the appellants were charged in furtherance of common intention for trafficking in dangerous drugs, to wit, 3,087.55 grammes (2,551.09 monoacetlymorphines) on 3 July 2001 at about 8:45 pm at house number 38, Jalan Keris 6, Taman Puteri Wangsa, Ulu Tiram, in the district of Johor Bahru, in the State of Johor Darul Ta'zim ("the said house") under s 39B(1)(a) of the Dangerous Drugs Act 1952 read with s 34 of the Penal Code and punishable under s 39B(2) of the same Act.

[2] The appellants claimed trial before the High Court. At the end of the prosecution's case, the learned trial judge called both the appellants to enter their defence.

[3] Both the appellants gave unsworn statements from the dock. At the end of the defence case, the learned trial judge found both the appellants guilty and convicted them. The learned trial judge sentenced both the appellants to death.

[4] Interesting points of law were raised before us and we shall endeavour to highlight them in this judgment.

The Prosecution's Case

[5] The case for the prosecution unfolded through the evidence of ASP Mohd Basri bin M Rafi ("SP6"), who, on 3 July 2001 at about 8:30 pm, led a pa