In Adili Chibuike Ejike v Public Prosecutor [2019] SGCA 38, the Court of Appeal (“CA”) clarified the operation of the doctrine of wilful blindness and its interplay with the presumption of possession under section 18(1) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“MDA”)
Presumption vs Proof: Zainal bin Hamad v Public Prosecutor [2018] SGCA 62
In Zainal bin Hamad v Public Prosecutor [2018] SGCA 62, the Court of Appeal clarified the application of the presumptions under sections 17 and 18 of the Misuse of Drugs Act (“MDA”), which relate to a presumption of trafficking (s17); presumption of possession (s18(1)); and presumption of knowledge (s18(2)). Here, the offenders were convicted by the High Court of drug trafficking offences under the MDA; their appeals to the Court of Appeal were based in part on rebutting these presumptions. The Court of Appeal dismissed their appeals for, inter alia, failing to rebut the presumptions.
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