PENDAKWARAYA Muhammad Shafwan bin Aided (No. K/P: 920909-10-6037)

PENDAKWARAYA Muhammad Shafwan bin Aided (No. K/P: 920909-10-6037)

Prosecution proved possession and knowledge of the seized drugs; laboratory analysis established 75.23g methamphetamine triggering the rebuttable statutory presumption of trafficking under s37(da)(xvi) which the accused failed to rebut on the balance of probabilities; therefore a prima facie case for trafficking methamphetamine was established and the accused was convicted under s39B(1)(a) (resulting in mandatory sentence under s39B(2)); the heroin/monoacetylmorphines charge lacked evidence of distribution and was amended to possession under s12(2)/s39A(2) and convicted accordingly.

Citation
PA-45A-31-04/2018 & PA-45A-32-04/2018 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Accused: MUHAMMAD SHAFWAN BIN AIDED
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 July 2021
Case Number
PA-45A-31-04/2018 & PA-45A-32-04/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences (dangerous Drugs Act 1952) / High Court Judgment and Sentencing (butterworth) 30 Aug 2021
Outcome
Accused convicted on two counts: trafficking methamphetamine (75.23g) under s39B(1)(a) Akta 234; possession of heroin and monoacetylmorphines (7.9g total; 5.3g heroin + 2.6g monoacetylmorphines) under s12(2) Akta 234 (amended charge).
Legal Topics
Possession, Trafficking/distribution, Statutory Presumptions, Chain of Custody, Burden of Proof and Prima Facie, Credibility of Police Witnesses, Charge Amendment, Sentencing (mandatory Death; Discretionary Mitigation)
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Possession Trafficking/distribution Statutory Presumptions Chain of Custody Burden of Proof and Prima Facie +3 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

MUHAMMAD SHAFWAN BIN AIDED

Accused

Procedural Posture

Criminal Drug Offences (dangerous Drugs Act 1952) / High Court Judgment and Sentencing (butterworth) 30 Aug 2021

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for trafficking methamphetamine under s39B(1)(a) Akta 234
  2. 2 Whether accused had possession and knowledge of seized drugs (s12(2) Akta 234)
  3. 3 Whether statutory presumption under s37(da)(xvi) (>=50g meth) applied and was rebutted

Ratio Decidendi

Prosecution proved possession and knowledge of the seized drugs; laboratory analysis established 75.23g methamphetamine triggering the rebuttable statutory presumption of trafficking under s37(da)(xvi) which the accused failed to rebut on the balance of probabilities; therefore a prima facie case for trafficking methamphetamine was established and the accused was convicted under s39B(1)(a) (resulting in mandatory sentence under s39B(2)); the heroin/monoacetylmorphines charge lacked evidence of distribution and was amended to possession under s12(2)/s39A(2) and convicted accordingly.

Court Disposition

Accused convicted on two counts: trafficking methamphetamine (75.23g) under s39B(1)(a) Akta 234; possession of heroin and monoacetylmorphines (7.9g total; 5.3g heroin + 2.6g monoacetylmorphines) under s12(2) Akta 234 (amended charge).

Orders

  • Sentence of death by hanging imposed for conviction under s39B(1)(a)/s39B(2) (methamphetamine 75.23g)
  • Sentence of 12 years' imprisonment and 10 strokes of the rotan for possession under s12(2)/s39A(2), to run from date of arrest (as ordered)