PENDAKWARAYA Abdul Rashid bin Hanapi

PENDAKWARAYA Abdul Rashid bin Hanapi

The court accepted the credible police evidence that the sling bag containing methamphetamine was found on the accused, establishing custody and control; chemist evidence confirmed 154.1g methamphetamine which gives rise to the statutory presumption of trafficking under s39B; the accused failed to rebut the presumption or provide a credible explanation; accordingly conviction under s39B and death sentence followed.

Citation
PA-45A-30-04/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Abdul Rashid bin Hanapi (IC NO: 861019025975)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 September 2019
Case Number
PA-45A-30-04/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment and Sentencing
Outcome
Accused convicted of drug trafficking under Section 39B(1)(a) Dangerous Drugs Act 1952 and sentenced to death under Section 39B(2).
Legal Topics
Possession, Knowledge, Presumption of Trafficking, Flight as Evidence, Section 39 B Dangerous Drugs Act, Burden of Proof
Source Language
Malay/English
Criminal Law Drug Trafficking Evidence Law Forensic Chemistry Possession Knowledge Presumption of Trafficking Flight as Evidence +2 more

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Parties

Public Prosecutor

Prosecutor

Abdul Rashid bin Hanapi (IC NO: 861019025975)

Accused

Procedural Posture

Criminal Drug Trafficking / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused had custody, control and knowledge of the seized methamphetamine
  2. 2 Whether the quantity (154.1g) gives rise to the statutory presumption of trafficking under s39B
  3. 3 Whether prosecution evidence was credible and whether the accused rebutted the presumption

Ratio Decidendi

The court accepted the credible police evidence that the sling bag containing methamphetamine was found on the accused, establishing custody and control; chemist evidence confirmed 154.1g methamphetamine which gives rise to the statutory presumption of trafficking under s39B; the accused failed to rebut the presumption or provide a credible explanation; accordingly conviction under s39B and death sentence followed.

Court Disposition

Accused convicted of drug trafficking under Section 39B(1)(a) Dangerous Drugs Act 1952 and sentenced to death under Section 39B(2).

Orders

  • Convicted under Section 39B(1)(a) Dangerous Drugs Act 1952.
  • Sentenced to death pursuant to Section 39B(2) Dangerous Drugs Act 1952.