[ ] MOHD FIRDAUS BIN ISMAIL

[ ] MOHD FIRDAUS BIN ISMAIL

Prosecution proved identity and weight of the drugs by expert evidence, established possession by each accused through actual control/proximity and supporting witnesses and documents, maintained chain of custody, and because the weights exceeded statutory thresholds the presumption of trafficking applied which the accuseds failed to rebut on balance of probabilities; therefore conviction under section 39B(1)(a) was proper.

Citation
WA-45A-41-11/2020 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Aizuddin bin Azizan; Accused: Mohd Firdaus bin Ismail
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 July 2022
Case Number
WA-45A-41-11/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment and Sentencing
Outcome
Both accused convicted under section 39B(1)(a) Akta Dadah Berbahaya 1952 and sentenced to life imprisonment from 23.04.2020 and 15 strokes of the rotan each.
Legal Topics
Possession, Presumption of Trafficking, Chain of Custody, Burden of Proof, Section 39 B, Section 37(da)(vi)
Source Language
Malay/English
Criminal Law Narcotics/drug Offences Evidence and Procedure Possession Presumption of Trafficking Chain of Custody Burden of Proof Section 39 B +1 more

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Parties

Pendakwa Raya

Prosecution

Aizuddin bin Azizan

Accused

Mohd Firdaus bin Ismail

Accused

Procedural Posture

Criminal Drug Trafficking / Judgment and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved that the seized substance was cannabis and the quantities alleged
  2. 2 Whether each accused had possession of the drugs found in their respective vehicles
  3. 3 Whether the statutory presumption of trafficking under section 37(da)(vi) applied and whether accuseds rebutted it

Ratio Decidendi

Prosecution proved identity and weight of the drugs by expert evidence, established possession by each accused through actual control/proximity and supporting witnesses and documents, maintained chain of custody, and because the weights exceeded statutory thresholds the presumption of trafficking applied which the accuseds failed to rebut on balance of probabilities; therefore conviction under section 39B(1)(a) was proper.

Court Disposition

Both accused convicted under section 39B(1)(a) Akta Dadah Berbahaya 1952 and sentenced to life imprisonment from 23.04.2020 and 15 strokes of the rotan each.

Orders

  • Aizuddin bin Azizan (WA-45A-40-11/2020): Convicted under section 39B(1)(a); sentenced to life imprisonment from 23.04.2020 and 15 strokes of the rotan.
  • Mohd Firdaus bin Ismail (WA-45A-41-11/2020): Convicted under section 39B(1)(a); sentenced to life imprisonment from 23.04.2020 and 15 strokes of the rotan.