SHAHFARY BIN SABRI

SHAHFARY BIN SABRI

Drugs physically found tucked in the accused's waistband, credible evidence established an unbroken chain of custody and expert analysis confirmed 149.5g methamphetamine exceeding statutory threshold; prosecution therefore proved possession and the statutory presumption of trafficking applied and was not rebutted on the balance of probabilities; conviction under s39B(1)(a) ADB 1952 and mandatory sentence under s39B(2) followed.

Citation
WA-45A-13-04/2019 (Mahkamah Tinggi)
Parties
Appellant/accused: Shahfary bin Sabri; Respondent/prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 April 2021
Case Number
WA-45A-13-04/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs Act 1952 / Appeal Judgment / Conviction and Sentencing
Outcome
Appeal dismissed; accused convicted on first charge and sentenced to death under s39B(2) ADB 1952; acquitted and discharged on second charge.
Legal Topics
Possession, Trafficking/distribution, Chain of Custody, Expert Chemical Analysis, Burden of Proof, Statutory Presumption of Trafficking
Source Language
Malay/English
Criminal Law Drugs Law Evidence Possession Trafficking/distribution Chain of Custody Expert Chemical Analysis Burden of Proof +1 more

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Parties

Shahfary bin Sabri

Appellant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Dangerous Drugs Act 1952 / Appeal Judgment / Conviction and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved that the seized substance was a dangerous drug
  2. 2 Whether the accused had possession and control of the drug
  3. 3 Whether chain of custody was proved

Ratio Decidendi

Drugs physically found tucked in the accused's waistband, credible evidence established an unbroken chain of custody and expert analysis confirmed 149.5g methamphetamine exceeding statutory threshold; prosecution therefore proved possession and the statutory presumption of trafficking applied and was not rebutted on the balance of probabilities; conviction under s39B(1)(a) ADB 1952 and mandatory sentence under s39B(2) followed.

Court Disposition

Appeal dismissed; accused convicted on first charge and sentenced to death under s39B(2) ADB 1952; acquitted and discharged on second charge.

Orders

  • Convicted of charge one under section 39B(1)(a) Akta Dadah Berbahaya 1952.
  • Sentenced to death as prescribed by section 39B(2) Akta Dadah Berbahaya 1952.