PENDAKWARAYA PENDAKWARAYA MOHD IZWAN BIN MASDOKHI

PENDAKWARAYA PENDAKWARAYA MOHD IZWAN BIN MASDOKHI

The court found that the prosecution proved beyond reasonable doubt that the accused had knowledge and possession of the cannabis and that the quantity (1173.51g) together with incriminating paraphernalia and intact chain of custody raised the statutory presumption of trafficking; DNA evidence and proximity corroborated occupancy and control; the accused's explanations were disbelieved and did not create reasonable doubt, therefore convicted and sentenced to death under the Dangerous Drugs Act 1952.

Citation
PA-45A-37-05/2018 (Mahkamah Tinggi)
Parties
Accused: Mohd Izwan bin Masdokhi; Prosecution: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 November 2019
Case Number
PA-45A-37-05/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Accused found guilty and sentenced to death.
Legal Topics
Possession, Trafficking, Presumption of Trafficking, Chain of Custody, DNA Evidence, Non Calling of Witnesses (s114(g) Evidence Act 1950)
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Forensic Science Possession Trafficking Presumption of Trafficking Chain of Custody +2 more

Case Brief

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Parties

Mohd Izwan bin Masdokhi

Accused

Public Prosecutor

Prosecution

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused had knowledge and possession of the cannabis found
  2. 2 Whether the circumstances and weight of the drugs raise the presumption of trafficking
  3. 3 Admissibility and weight of DNA evidence and chain of custody

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused had knowledge and possession of the cannabis and that the quantity (1173.51g) together with incriminating paraphernalia and intact chain of custody raised the statutory presumption of trafficking; DNA evidence and proximity corroborated occupancy and control; the accused's explanations were disbelieved and did not create reasonable doubt, therefore convicted and sentenced to death under the Dangerous Drugs Act 1952.

Court Disposition

Accused found guilty and sentenced to death.

Orders

  • Convicted under Section 39B(1)(a) Dangerous Drugs Act 1952 read with Section 39B(2) and Section 34 Penal Code.
  • Sentenced to death.