PENDAKWARAYA Pendakwaraya Mohd Shaiful Amry bin Mohd Rodzi Mohamad Kassim b. Abdullah Sani

PENDAKWARAYA Pendakwaraya Mohd Shaiful Amry bin Mohd Rodzi Mohamad Kassim b. Abdullah Sani

Prosecution evidence established recovery of the exact substance which the chemist analysed and confirmed as heroin/monoacetylmorphines totalling 27.0g with an unbroken and adequately identified chain of custody; the accuseds' denials were bare and insufficient to create reasonable doubt; statutory presumptions of trafficking given the quantity were not rebutted and common intention under s.34 was inferred from conduct, therefore guilt proven beyond reasonable doubt and death sentence mandated under s.39B(2) read with s.34.

Citation
PA-45A-77-11/2017 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Mohd Shaiful Amry bin Mohd Rodzi; Accused: Mohamad Kassim bin Abdullah Sani
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 November 2019
Case Number
PA-45A-77-11/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs (trafficking) / Judgment and Sentencing
Outcome
Both accused convicted of trafficking dangerous drugs under Section 39B(1)(a) Dangerous Drugs Act 1952 and sentenced to death under Section 39B(2) read with Section 34 Penal Code.
Legal Topics
Drug Trafficking, Presumption of Trafficking Under Dangerous Drugs Act 1952, Chain of Custody, Common Intention (section 34 Penal Code), Burden of Proof, Bare Denial Defence
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedural Law Drug Trafficking Presumption of Trafficking Under Dangerous Drugs Act 1952 Chain of Custody Common Intention (section 34 Penal Code) +2 more

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Parties

Public Prosecutor

Prosecutor

Mohd Shaiful Amry bin Mohd Rodzi

Accused

Mohamad Kassim bin Abdullah Sani

Accused

Procedural Posture

Criminal Dangerous Drugs (trafficking) / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved prima facie case to call defence
  2. 2 Whether prosecution proved guilt beyond reasonable doubt at trial
  3. 3 Whether chain of custody and chemist's analysis linked the recovered substance to the accused

Ratio Decidendi

Prosecution evidence established recovery of the exact substance which the chemist analysed and confirmed as heroin/monoacetylmorphines totalling 27.0g with an unbroken and adequately identified chain of custody; the accuseds' denials were bare and insufficient to create reasonable doubt; statutory presumptions of trafficking given the quantity were not rebutted and common intention under s.34 was inferred from conduct, therefore guilt proven beyond reasonable doubt and death sentence mandated under s.39B(2) read with s.34.

Court Disposition

Both accused convicted of trafficking dangerous drugs under Section 39B(1)(a) Dangerous Drugs Act 1952 and sentenced to death under Section 39B(2) read with Section 34 Penal Code.

Orders

  • Both accused convicted as charged
  • Both accused sentenced to death pursuant to Section 39B(2) Dangerous Drugs Act 1952 read with Section 34 Penal Code