Mohamed Iqbal Mohamed Sadath vs Attorney General – sllr 2015 volume 1 page 130

In the case between Mohamed Iqbal Mohamed Sadath (Plaintiff) and the Attorney General (Defendant), the court addressed whether the accused-appellant had conscious knowledge of the heroin found in his travelling bag, and if mens rea, under criminal law, must be specifically proven beyond mere possession. It was held that the accused’s conduct failed to evidence the prudence expected in such circumstances, thereby negating a defense based on lack of knowledge or good faith. The decision reaffirmed the principle that possession in drug trafficking cases imposes a duty to exercise due care, and failure to do so will not afford a defense under Sections 69 and 72 of the Penal Code. This judgment relied on the Poisons, Opium and Dangerous Drugs Ordinance alongside the Penal Code, emphasizing that

REF: sllr 2015 volume 1 page 130 Category: Tag:
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