[Timbalan (TPR), Jabatan Peguam Negara] MOHD YUSRI BIN JUSOH

[Timbalan (TPR), Jabatan Peguam Negara] MOHD YUSRI BIN JUSOH

The conviction rests on the accused's exclusive control of the vehicle and its contents (keys/access card and personal items), the substantial quantity of cannabis triggering the statutory presumption of trafficking which the accused failed to rebut on the balance of probabilities, credible prosecution evidence including unbroken chain of custody and chemical analysis, and the application of wilful blindness to attribute knowledge where the accused deliberately refrained from inquiry; these facts satisfy proof beyond reasonable doubt for s39B(1)(a) DDA.

Citation
WA-45A-66-06/2022 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Mohd. Yusri bin Jusoh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 January 2026
Case Number
WA-45A-66-06/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment and Sentencing
Outcome
Accused found guilty; convicted under s39B(1)(a) DDA and sentenced.
Legal Topics
Drug Trafficking, Possession, Wilful Blindness, Presumption of Trafficking, Chain of Custody, Sentencing
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Drug Trafficking Possession Wilful Blindness Presumption of Trafficking Chain of Custody +1 more

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Parties

Public Prosecutor

Prosecution

Mohd. Yusri bin Jusoh

Accused

Procedural Posture

Criminal Trial / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused had knowledge of the nature of the goods transported
  2. 2 Whether the statutory presumption of trafficking under the DDA is triggered and rebutted
  3. 3 Whether the doctrine of wilful blindness applies to supply the requisite knowledge

Ratio Decidendi

The conviction rests on the accused's exclusive control of the vehicle and its contents (keys/access card and personal items), the substantial quantity of cannabis triggering the statutory presumption of trafficking which the accused failed to rebut on the balance of probabilities, credible prosecution evidence including unbroken chain of custody and chemical analysis, and the application of wilful blindness to attribute knowledge where the accused deliberately refrained from inquiry; these facts satisfy proof beyond reasonable doubt for s39B(1)(a) DDA.

Court Disposition

Accused found guilty; convicted under s39B(1)(a) DDA and sentenced.

Orders

  • Accused convicted under section 39B(1)(a) of the Dangerous Drugs Act 1952 and sentenced to 30 years imprisonment commencing 17.11.2021
  • Accused to receive 12 strokes of the cane