PENDAKWARAYA Pendakwaraya Abdul Rahman bin Mohd

PENDAKWARAYA Pendakwaraya Abdul Rahman bin Mohd

Prosecution proved identity and weight of the drug (Cannabis 942g) with an unbroken chain of custody; the drug was found in a backpack worn by the accused and his possession, control and knowledge were established; quantity exceeded statutory threshold for distribution; the accused failed to rebut the presumption of possession/knowledge on the balance of probabilities; therefore guilty under s.39B(1)(a) Dangerous Drugs Act 1952 and sentenced accordingly.

Citation
WA-45A-17-04/2018 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: ABDUL RAHMAN BIN MOHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 December 2019
Case Number
WA-45A-17-04/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence / Trial Judgment and Sentencing
Outcome
Accused convicted
Legal Topics
Possession, Distribution/trafficking, Chain of Custody, Prima Facie Case, Adverse Inference Under S.114 Evidence Act, Mandatory Death Sentence Under Dangerous Drugs Act
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedure Possession Distribution/trafficking Chain of Custody Prima Facie Case +2 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

ABDUL RAHMAN BIN MOHD

Accused

Procedural Posture

Criminal Drug Offence / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the seized substance was a dangerous drug and properly identified
  2. 2 Whether the accused had possession, control and knowledge of the drug
  3. 3 Whether quantity established presumption of distribution

Ratio Decidendi

Prosecution proved identity and weight of the drug (Cannabis 942g) with an unbroken chain of custody; the drug was found in a backpack worn by the accused and his possession, control and knowledge were established; quantity exceeded statutory threshold for distribution; the accused failed to rebut the presumption of possession/knowledge on the balance of probabilities; therefore guilty under s.39B(1)(a) Dangerous Drugs Act 1952 and sentenced accordingly.

Court Disposition

Accused convicted

Orders

  • Convicted under Section 39B(1)(a) of the Dangerous Drugs Act 1952
  • Sentence: death (gantung dileher sehingga mati)