[ ] San Sary

[ ] San Sary

The court found the prosecution proved chain of custody and chemical identity of the seized items, established the accused as sole occupant with custody and control, and inferred knowledge from concealment and packaging; possession therefore attracted the statutory presumption of trafficking and a prima facie case was proved which the accused failed to rebut, leading to conviction on all counts.

Citation
DA-45A-24-09/2020 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: San Sary
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 August 2023
Case Number
DA-45A-24-09/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Accused convicted on all charges
Legal Topics
Drug Trafficking, Possession of Dangerous Drugs, Possession of Poison, Chain of Custody, Prima Facie Proof, Statutory Presumptions, Sentencing, Abolition of Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Drug Law Poisons Law Evidence Law Drug Trafficking Possession of Dangerous Drugs Possession of Poison Chain of Custody +4 more

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Parties

Pendakwa Raya

Prosecution

San Sary

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the seized substances were the dangerous drugs and poison alleged
  2. 2 Whether the accused had possession (control and custody) of the seized items
  3. 3 Whether the accused had knowledge of the nature of the seized items

Ratio Decidendi

The court found the prosecution proved chain of custody and chemical identity of the seized items, established the accused as sole occupant with custody and control, and inferred knowledge from concealment and packaging; possession therefore attracted the statutory presumption of trafficking and a prima facie case was proved which the accused failed to rebut, leading to conviction on all counts.

Court Disposition

Accused convicted on all charges

Orders

  • Count 1: Life imprisonment and 12 strokes
  • Count 2: Life imprisonment and 12 strokes