PENDAKWARAYA Pendakwaraya Karthikeson A/L Shammugam @ Shanmugam

PENDAKWARAYA Pendakwaraya Karthikeson A/L Shammugam @ Shanmugam

Court held prosecution established identity and weight of seized drugs but failed to prove exclusive custody/control and knowledge for drugs found in the house and, after assessing conflicting evidence about who possessed the car keys and who had access to the vehicle, found reasonable doubt as to accused's possession and knowledge; failure to give s37B warning rendered bedroom-found evidence inadmissible, resulting in acquittal on all counts.

Citation
WA-45A-8-01/2018 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWARAYA; Accused: Karthikeson a/l Shammugam @ Shanmugam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 October 2020
Case Number
WA-45A-8-01/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment (high Court)
Outcome
Accused acquitted and discharged on all four charges
Legal Topics
Possession, Trafficking, Prima Facie Test, Chain of Custody, Admissibility (s37 B Warning), Credibility of Witnesses, Presumption Under S37(d)
Source Language
Malay/English
Drug Law Criminal Procedure Evidence Law Possession Trafficking Prima Facie Test Chain of Custody Admissibility (s37 B Warning) +2 more

Case Brief

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Parties

PENDAKWARAYA

Prosecution

Karthikeson a/l Shammugam @ Shanmugam

Accused

Procedural Posture

Criminal Drug Trafficking / Judgment (high Court)

Legal Issues

  1. 1 Whether prosecution proved custody, control and knowledge (possession) of drugs beyond reasonable doubt
  2. 2 Whether prima facie case established for each count under s180 CPC
  3. 3 Admissibility of evidence discovered in defendant's room where no s37B warning was given

Ratio Decidendi

Court held prosecution established identity and weight of seized drugs but failed to prove exclusive custody/control and knowledge for drugs found in the house and, after assessing conflicting evidence about who possessed the car keys and who had access to the vehicle, found reasonable doubt as to accused's possession and knowledge; failure to give s37B warning rendered bedroom-found evidence inadmissible, resulting in acquittal on all counts.

Court Disposition

Accused acquitted and discharged on all four charges

Orders

  • Charges 1 and 2: accused acquitted and released following verdict after defence was called
  • Charges 3 and 4: no prima facie case at end of prosecution case; accused discharged and released