THABRINO A/L ALEXIUS

THABRINO A/L ALEXIUS

The court convicted because the prosecution proved an unbroken chain of custody and a credible chemist report establishing 19.3g of heroin (exceeding the 15g threshold) thereby invoking the statutory presumption of trafficking; direct evidence and documentary records established ownership, control and proximity of the package to the accused such that possession and knowledge were proved and the defence failed to rebut the presumption or raise reasonable doubt (defence evidence was held to be afterthoughts and a key defence witness was impeached and discredited).

Citation
JA-45A-118-07/2022 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWARAYA; Accused: THABRINO A/L ALEXIUS
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 February 2026
Case Number
JA-45A-118-07/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Conviction and Sentencing (trial)
Outcome
Accused found guilty and convicted of trafficking heroin under s39B(1)(a) Dangerous Drugs Act 1952
Legal Topics
Drug Trafficking, Possession and Control, Chain of Custody, Statutory Presumptions (s37(da) DDA 1952), Impeachment of Witness, Admissibility of Documentary Evidence, Burden of Proof, Sentencing (life Imprisonment and Whipping)
Source Language
Malay/English
Criminal Law Narcotics/drug Control Law Evidence Law Drug Trafficking Possession and Control Chain of Custody Statutory Presumptions (s37(da) DDA 1952) Impeachment of Witness +3 more

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Parties

PENDAKWARAYA

Prosecution

THABRINO A/L ALEXIUS

Accused

Procedural Posture

Criminal / Conviction and Sentencing (trial)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case
  2. 2 Whether chain of custody of exhibits was unbroken
  3. 3 Whether accused had possession, custody, control and knowledge of the heroin seized

Ratio Decidendi

The court convicted because the prosecution proved an unbroken chain of custody and a credible chemist report establishing 19.3g of heroin (exceeding the 15g threshold) thereby invoking the statutory presumption of trafficking; direct evidence and documentary records established ownership, control and proximity of the package to the accused such that possession and knowledge were proved and the defence failed to rebut the presumption or raise reasonable doubt (defence evidence was held to be afterthoughts and a key defence witness was impeached and discredited).

Court Disposition

Accused found guilty and convicted of trafficking heroin under s39B(1)(a) Dangerous Drugs Act 1952

Orders

  • Convicted under section 39B(1)(a) of the Dangerous Drugs Act 1952 for trafficking heroin
  • Sentenced to life imprisonment commencing from date of arrest