[Timbalan (TPR), Jabatan Peguam Negara] MOHD KAMAL BIN JOHARI

[Timbalan (TPR), Jabatan Peguam Negara] MOHD KAMAL BIN JOHARI

Eyewitness proof that the accused handled and placed cannabis, corroborated by possession of vehicle keys which opened vehicles containing large quantities of cannabis, chemist confirmation of identity and weight, and an unbroken chain of custody satisfied proof beyond reasonable doubt of mens rea possession; the statutory presumption of trafficking under s37(da)(vi) DDA applied by weight and the accused failed to rebut it on the balance of probabilities, therefore conviction on all three trafficking charges was warranted and sentence of 30 years imprisonment imposed to run concurrently from 4.1.2021, whipping spared.

Citation
WA-45A-12-01/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Mohd Kamal bin Johari
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 January 2025
Case Number
WA-45A-12-01/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Trafficking / Judgment and Sentencing
Outcome
Accused found guilty on all three counts of drug trafficking; convicted and sentenced.
Legal Topics
Drug Trafficking, Possession and Mens Rea, Presumption of Trafficking, Chain of Custody, Witness Credibility, Sentencing
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Drug Trafficking Possession and Mens Rea Presumption of Trafficking Chain of Custody Witness Credibility +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Public Prosecutor

Prosecutor

Mohd Kamal bin Johari

Accused

Procedural Posture

Criminal Trial Drug Trafficking / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused had mens rea possession of cannabis found in and on vehicles
  2. 2 Whether the statutory presumption of trafficking under section 37(da)(vi) Dangerous Drugs Act 1952 was rebutted on the balance of probabilities
  3. 3 Whether the chain of custody and evidence handling retained integrity to admit exhibits

Ratio Decidendi

Eyewitness proof that the accused handled and placed cannabis, corroborated by possession of vehicle keys which opened vehicles containing large quantities of cannabis, chemist confirmation of identity and weight, and an unbroken chain of custody satisfied proof beyond reasonable doubt of mens rea possession; the statutory presumption of trafficking under s37(da)(vi) DDA applied by weight and the accused failed to rebut it on the balance of probabilities, therefore conviction on all three trafficking charges was warranted and sentence of 30 years imprisonment imposed to run concurrently from 4.1.2021, whipping spared.

Court Disposition

Accused found guilty on all three counts of drug trafficking; convicted and sentenced.

Orders

  • Convicted on three counts of drug trafficking under section 39B DDA
  • Sentenced to imprisonment for 30 years on each count to run concurrently, effective from date of arrest 4.1.2021