Puan Alison Chan May Kam Tetuan Bachan & Kartar

Puan Alison Chan May Kam Tetuan Bachan & Kartar

The prosecution proved identity of the seized substance as Cannabis and an unbroken chain of custody; continuous surveillance, physical proximity, control of the vehicle and rented premises, DNA on personal items, Touch 'n Go travel records and large quantities established possession, control and knowledge, and supported inference of distribution; defence explanations were implausible, speculative and amounted to wilful blindness or afterthought; therefore accused convicted under s39B(1)(a) DDA 1952 and sentenced to death.

Citation
45A-54-05/2017 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Faizal bin Zainal Abidin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 September 2022
Case Number
45A-54-05/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment After Trial (conviction and Sentencing)
Outcome
Accused convicted under section 39B(1)(a) Dangerous Drugs Act 1952 and sentenced to death by hanging
Legal Topics
Drug Trafficking, Possession and Control, Chain of Custody, Presumptions Under Dangerous Drugs Act, Wilful Blindness, Admissibility of Informer Evidence
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Drug Trafficking Possession and Control Chain of Custody Presumptions Under Dangerous Drugs Act Wilful Blindness +1 more

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Parties

Pendakwa Raya

Prosecution

Mohd Faizal bin Zainal Abidin

Accused

Procedural Posture

Criminal Drug Trafficking / Judgment After Trial (conviction and Sentencing)

Legal Issues

  1. 1 Identity of the seized substance and chain of custody
  2. 2 Whether accused had control, custody, possession and knowledge of the drugs
  3. 3 Whether quantity and circumstances warrant inference of distribution

Ratio Decidendi

The prosecution proved identity of the seized substance as Cannabis and an unbroken chain of custody; continuous surveillance, physical proximity, control of the vehicle and rented premises, DNA on personal items, Touch 'n Go travel records and large quantities established possession, control and knowledge, and supported inference of distribution; defence explanations were implausible, speculative and amounted to wilful blindness or afterthought; therefore accused convicted under s39B(1)(a) DDA 1952 and sentenced to death.

Court Disposition

Accused convicted under section 39B(1)(a) Dangerous Drugs Act 1952 and sentenced to death by hanging

Orders

  • Accused Mohd Faizal bin Zainal Abidin convicted under s39B(1)(a) DDA 1952 and sentenced to be hung by the neck until dead at time to be fixed
  • Exhibits/ seized items handed to the prosecution pending completion of appeal