Yellilarassan A/L Tanna Chegaram

Yellilarassan A/L Tanna Chegaram

Court accepted chemical analysis and chain of custody, found accused had custody and control of containers in the vehicle giving rise to the statutory presumption under s37(d) DDA; accused failed to rebut that presumption on the balance of probabilities; although presumption of trafficking under s37(da) was considered, the court declined to rely solely on double presumptions in light of Alma Nudo Atenza; conviction was entered based on proven possession/knowledge and sentences were imposed accordingly.

Citation
WA-45A-52-08/2017 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWARAYA; Accused: Yelliarassan A/L Cheragam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 September 2019
Case Number
WA-45A-52-08/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / High Court Judgment and Sentencing (trial Court Decision)
Outcome
Accused convicted on all three counts
Legal Topics
Possession, Trafficking, Statutory Presumptions (s37(d), S37(da)), Burden of Proof, Chain of Custody, Adverse Inference for Non‑production of Witness, Reasonable Doubt
Source Language
Malay/English
Criminal Law Narcotics/drug Law Evidence Law Sentencing Law Possession Trafficking Statutory Presumptions (s37(d), S37(da)) Burden of Proof +3 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 23 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

PENDAKWARAYA

Prosecutor

Yelliarassan A/L Cheragam

Accused

Procedural Posture

Criminal Drug Offences / High Court Judgment and Sentencing (trial Court Decision)

Legal Issues

  1. 1 Whether the seized substances were dangerous drugs and their identity/weight
  2. 2 Whether accused had custody, control and knowledge of the drugs (possession) under s37(d) ADB
  3. 3 Whether prosecution could invoke presumptions of trafficking (s37(da)) and the limits after Alma Nudo Atenza

Ratio Decidendi

Court accepted chemical analysis and chain of custody, found accused had custody and control of containers in the vehicle giving rise to the statutory presumption under s37(d) DDA; accused failed to rebut that presumption on the balance of probabilities; although presumption of trafficking under s37(da) was considered, the court declined to rely solely on double presumptions in light of Alma Nudo Atenza; conviction was entered based on proven possession/knowledge and sentences were imposed accordingly.

Court Disposition

Accused convicted on all three counts

Orders

  • Pertuduhan Pertama: 15 years imprisonment from date of arrest (17.3.2017) and 10 strokes
  • Pertuduhan Kedua: 1 year imprisonment from date of arrest (17.3.2017)