[Timbalan (TPR), Jabatan Peguam Negara] 1. ) AZRIL SANI BIN RAMUDIN 2. ) AIZAD IMRAN BIN HELMI

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) AZRIL SANI BIN RAMUDIN 2. ) AIZAD IMRAN BIN HELMI

On the evidence the court found first accused had custody and control of the car and bag and was in mens rea possession of cannabis (1948.3g) and meth (68.06g) but prosecution did not prove overt acts of trafficking before arrest, therefore A1 is guilty of possession (DDA ss.6 and 12(2)) punishable under s.39A(2); second accused, a passenger, successfully raised reasonable doubt about knowledge and handling and was acquitted of trafficking charges.

Citation
WA-45A-81-11/2021 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; First Accused: Azril Sani bin Ramudin; Second Accused: Aizad Imran bin Helmi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 December 2024
Case Number
WA-45A-81-11/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences (trafficking/possession) / Judgment and Sentencing (high Court)
Outcome
First accused convicted of possession of cannabis and meth (reduced from trafficking); sentenced. Second accused acquitted and discharged of trafficking charges.
Legal Topics
Drug Trafficking, Drug Possession, Presumption of Trafficking, Common Intention, Chain of Custody, Burden of Proof, Sentencing
Source Language
Malay/English
Criminal Law Drug Law Evidence Procedure Drug Trafficking Drug Possession Presumption of Trafficking Common Intention +3 more

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Parties

Public Prosecutor

Prosecution

Azril Sani bin Ramudin

First Accused

Aizad Imran bin Helmi

Second Accused

Procedural Posture

Criminal Drug Offences (trafficking/possession) / Judgment and Sentencing (high Court)

Legal Issues

  1. 1 Whether the accused persons were in possession of the seized drugs
  2. 2 Whether the prosecution proved knowledge and mens rea for trafficking beyond reasonable doubt
  3. 3 Whether the presumption of trafficking under DDA s.37(da) is displaced

Ratio Decidendi

On the evidence the court found first accused had custody and control of the car and bag and was in mens rea possession of cannabis (1948.3g) and meth (68.06g) but prosecution did not prove overt acts of trafficking before arrest, therefore A1 is guilty of possession (DDA ss.6 and 12(2)) punishable under s.39A(2); second accused, a passenger, successfully raised reasonable doubt about knowledge and handling and was acquitted of trafficking charges.

Court Disposition

First accused convicted of possession of cannabis and meth (reduced from trafficking); sentenced. Second accused acquitted and discharged of trafficking charges.

Orders

  • First Accused (Azril Sani bin Ramudin) convicted of possession: Charge P2 (cannabis) sentenced to 10 years imprisonment and 10 strokes of the rotan
  • First Accused (Azril Sani bin Ramudin) convicted of possession: Charge P3 (methamphetamine) sentenced to 10 years imprisonment and 10 strokes of the rotan