[ ] 1. ) MANIARASAN PILLAI A/L VIJAYAN 2. ) BERABAKARAN PILLAI A/L VIJAYAN 3. ) TULASI NATHAN A/L MUNIANDY

[ ] 1. ) MANIARASAN PILLAI A/L VIJAYAN 2. ) BERABAKARAN PILLAI A/L VIJAYAN 3. ) TULASI NATHAN A/L MUNIANDY

The court found prosecution proved mens rea possession beyond reasonable doubt by combining chemical analysis, the drugs' conspicuous location on a table in the back room, the exclusive presence and close proximity of the three accused to the drugs, and their aggressive conduct on being challenged; the statutory presumption of trafficking (s37(da)(iiia) DDA) was displaced by defence evidence regarding an alternative actor (Kumar) but not the mens rea possession element, so the trafficking charge was reduced to possession under s12(2) DDA and the accused were convicted on both possession offences and sentenced accordingly.

Citation
AB-45A-1-03/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Maniarasan Pillai a/l Vijayan; Accused: Berabakaran Pillai a/l Vijayan; Accused: Tulasi Nathan a/l Muniandy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 November 2022
Case Number
AB-45A-1-03/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Trial Judgment and Sentencing
Outcome
All three accused convicted. First charge (trafficking) reduced to possession under s12(2) DDA; second charge (possession) convicted as charged.
Legal Topics
Drug Trafficking, Possession of Dangerous Drugs, Statutory Presumption of Trafficking, Common Intention, Search and Seizure, Credibility and Non‑calling of Witnesses, Sentencing
Source Language
Malay/English
Criminal Law Drugs Law Evidence Criminal Procedure Drug Trafficking Possession of Dangerous Drugs Statutory Presumption of Trafficking Common Intention +3 more

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Parties

Public Prosecutor

Prosecutor

Maniarasan Pillai a/l Vijayan

Accused

Berabakaran Pillai a/l Vijayan

Accused

Tulasi Nathan a/l Muniandy

Accused

Procedural Posture

Criminal / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved mens rea possession beyond reasonable doubt
  2. 2 Whether statutory presumption of trafficking under s37(da)(iiia) DDA applied and whether accused displaced it
  3. 3 Whether conduct and proximity evidence admissible to infer knowledge

Ratio Decidendi

The court found prosecution proved mens rea possession beyond reasonable doubt by combining chemical analysis, the drugs' conspicuous location on a table in the back room, the exclusive presence and close proximity of the three accused to the drugs, and their aggressive conduct on being challenged; the statutory presumption of trafficking (s37(da)(iiia) DDA) was displaced by defence evidence regarding an alternative actor (Kumar) but not the mens rea possession element, so the trafficking charge was reduced to possession under s12(2) DDA and the accused were convicted on both possession offences and sentenced accordingly.

Court Disposition

All three accused convicted. First charge (trafficking) reduced to possession under s12(2) DDA; second charge (possession) convicted as charged.

Orders

  • For first charge (reduced to s12(2) DDA punishable under s39A(2)): 12 years imprisonment each, to run from 31 July 2018; 10 strokes each (minimum under s39A(2)).
  • For second charge (s12(2) DDA punishable under s39A(1)): 4 years imprisonment each, to run from 31 July 2018; 3 strokes each (minimum under law).