1. ) MUHAMAD BIN NOR AZIZ 2. ) MUHAMAD SHAFIQ ALIFF BIN MAZLAN

1. ) MUHAMAD BIN NOR AZIZ 2. ) MUHAMAD SHAFIQ ALIFF BIN MAZLAN

For the MyVi arrest: chemist reports, unbroken chain of custody and eyewitness identification by SP11 established beyond reasonable doubt that OKT1 and OKT2 possessed and jointly intended to distribute the drugs; therefore prima facie and guilt proven for the car-related charges. For the Flexus premises: prosecution failed to prove exclusive possession by OKT1–4 because others (B2 and Pijo) had access and relevant evidence from B2 was absent; accordingly no prima facie case and OKT1–4 were acquitted for premises charges.

Citation
WA-45-17-03/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Muhamad bin Nor Aziz; Accused: Muhamad Shafiq Aliff bin Mazlan; Accused: Mohd Nazrul Aiman bin Mahadi; Accused: Muhammad Izzat Syafiq bin Ishak
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 October 2022
Case Number
WA-45-17-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal (narcotics) / Judgment and Sentencing
Outcome
OKT1 (Muhamad bin Nor Aziz) and OKT2 (Muhamad Shafiq Aliff bin Mazlan) convicted on MyVi charges: offences under section 39B(1)(a) Dangerous Drugs Act 1952 (distribution) and section 30(3) Poisons Act 1952 (possession). OKT1–4 acquitted and discharged without being called to enter defence for the premises charges at...
Legal Topics
Drug Trafficking, Possession, Chain of Custody, Prima Facie Evidence, Adverse Inference, Joint Liability (section 34 Penal Code), Sentence of Death
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Drug Trafficking Possession Chain of Custody Prima Facie Evidence Adverse Inference +2 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Muhamad bin Nor Aziz

Accused

Muhamad Shafiq Aliff bin Mazlan

Accused

Mohd Nazrul Aiman bin Mahadi

Accused

Muhammad Izzat Syafiq bin Ishak

Accused

Procedural Posture

Criminal (narcotics) / Judgment and Sentencing

Legal Issues

  1. 1 Whether the seized substances were the controlled drugs/poisons alleged
  2. 2 Whether each accused had possession and knowledge of the drugs
  3. 3 Whether the accused had the requisite intent to distribute

Ratio Decidendi

For the MyVi arrest: chemist reports, unbroken chain of custody and eyewitness identification by SP11 established beyond reasonable doubt that OKT1 and OKT2 possessed and jointly intended to distribute the drugs; therefore prima facie and guilt proven for the car-related charges. For the Flexus premises: prosecution failed to prove exclusive possession by OKT1–4 because others (B2 and Pijo) had access and relevant evidence from B2 was absent; accordingly no prima facie case and OKT1–4 were acquitted for premises charges.

Court Disposition

OKT1 (Muhamad bin Nor Aziz) and OKT2 (Muhamad Shafiq Aliff bin Mazlan) convicted on MyVi charges: offences under section 39B(1)(a) Dangerous Drugs Act 1952 (distribution) and section 30(3) Poisons Act 1952 (possession). OKT1–4 acquitted and discharged without being called to enter defence for the premises charges at...

Orders

  • Muhamad bin Nor Aziz: sentenced to death (to be hanged) for the offence under section 39B(1) Dangerous Drugs Act 1952 (case WA-45A-23-08/2020).
  • Muhamad Shafiq Aliff bin Mazlan: sentenced to death (to be hanged) for the offence under section 39B(1) Dangerous Drugs Act 1952 (case WA-45A-23-08/2020).