1. ) MOHAMAD YASIN BIN MOHAMAD ALIMIYA 2. ) HASHIM YUNUS

1. ) MOHAMAD YASIN BIN MOHAMAD ALIMIYA 2. ) HASHIM YUNUS

Maximum evaluation of prosecution evidence established continuity of observation, seizure and chemical analysis; proximity, conduct (OKT1 carrying paper bags into Honda), placement of packages and access to vehicles established custody, control and knowledge for each accused; weight of drugs invoked statutory presumption of trafficking under s37(da); common intention under s34 proved for OKT1 and OKT2 from circumstantial evidence; defence explanations (including alleged third party 'Anei') were rejected as unreliable or unsupported; accordingly conviction was warranted and sentence imposed as below.

Citation
BA-45A-87-07/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused (okt1): Mohamad Yasin bin Mohamad Alimiya; Accused (okt2): Hashim Yunus; Accused (okt3): Abdul Halek
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 April 2025
Case Number
BA-45A-87-07/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial Judgment and Sentencing (conviction)
Outcome
All accused convicted of trafficking under Section 39B Dangerous Drugs Act 1952.
Legal Topics
Drug Trafficking, Possession and Custody, Knowledge and Wilful Blindness, Common Intention (section 34), Presumptions Under Dangerous Drugs Act 1952, Burden of Proof / Prima Facie
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Drug Trafficking Possession and Custody Knowledge and Wilful Blindness Common Intention (section 34) Presumptions Under Dangerous Drugs Act 1952 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 20 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Mohamad Yasin bin Mohamad Alimiya

Accused (okt1)

Hashim Yunus

Accused (okt2)

Abdul Halek

Accused (okt3)

Procedural Posture

Criminal Drug Trafficking / Trial Judgment and Sentencing (conviction)

Legal Issues

  1. 1 Whether seized substances were dangerous drugs
  2. 2 Whether each accused had custody, control and possession
  3. 3 Whether each accused had knowledge of the drugs

Ratio Decidendi

Maximum evaluation of prosecution evidence established continuity of observation, seizure and chemical analysis; proximity, conduct (OKT1 carrying paper bags into Honda), placement of packages and access to vehicles established custody, control and knowledge for each accused; weight of drugs invoked statutory presumption of trafficking under s37(da); common intention under s34 proved for OKT1 and OKT2 from circumstantial evidence; defence explanations (including alleged third party 'Anei') were rejected as unreliable or unsupported; accordingly conviction was warranted and sentence imposed as below.

Court Disposition

All accused convicted of trafficking under Section 39B Dangerous Drugs Act 1952.

Orders

  • OKT1 (Mohamad Yasin bin Mohamad Alimiya): Imprisonment 30 years from date of arrest; no whipping imposed due to age.
  • OKT2 (Hashim Yunus): Imprisonment 30 years from date of arrest and 12 strokes.