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elementssubstantive assistance
Muhammad Ridzuan bin Mohd Ali v PP
Muhammad Ridzuan bin Mohd Ali v Public Prosecutor [2014] SGCA 32; [2014] 3 SLR 721 (the certificate-of-substantive-assistance challenge is the separate decision Muhammad Ridzuan bin Mohd Ali v Attorney-General [2015] SGCA 53)
Key Principle
To establish trafficking by possession for the purpose of trafficking under s 5(1)(a) read with s 5(2) MDA, the Prosecution must prove possession of the controlled drug (provable, presumed under s 18(1), or deemed under s 18(4)), knowledge of its nature (presumable under s 18(2)), and that possession was for an unauthorised purpose of trafficking; and the Public Prosecutor's discretion to issue a certificate of substantive assistance under s 33B is reviewable only for bad faith, malice or unconstitutionality.
Area of Law
criminal
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