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COURT OF APPEAL PUTRAJAYA
SHAH IRWAN TON – Appellant
Versus
PP & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. details of the prosecution's evidence and operation (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. defense strategies and arguments presented by appellants (Para 14 , 15 , 16 , 17) |
| 3. specific grounds of appeal by the parties (Para 19 , 20) |
| 4. court's reasoning on knowledge and control of drugs (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 5. existence of common intention established (Para 27 , 28 , 29 , 30) |
| 6. discussion on the role of the informer (Para 32 , 33 , 34) |
| 7. role of informer and agent provocateur status. (Para 35 , 36 , 37) |
| 8. credibility assessment of prosecution witnesses. (Para 38 , 39 , 40 , 41 , 42) |
| 9. analysis of the validity and duration of negotiations (Para 50 , 51 , 52) |
| 10. deliberation on mens rea and trafficking elements (Para 64 , 66 , 67) |
| 11. mens rea and trafficking findings. (Para 68) |
| 12. final ruling and affirming the sentencing (Para 70) |
[5] On 24 October 2005, at about 8.30am, acting on information received, one DSP Raja Zahudeen (SP4) held a briefing with his men and during that briefing, Lans KpI Azib (SP7) was instructed to act as an agent provocateur.
[6] At about 9.00pm on the same day in the vicinity of a hotel near the Sunga
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