[ ] MUHAMMAD HAFIZ DANIEL BIN ABDULLAH

[ ] MUHAMMAD HAFIZ DANIEL BIN ABDULLAH

Chemical analysis proved the identity and weights of the seized drugs; credible eyewitness, documentary and CCTV evidence established accused's access, control and possession of the premises and exhibits; statutory presumptions of trafficking applied to the confirmed weights and were not rebutted on balance of probabilities by the accused; therefore prosecution proved all elements beyond reasonable doubt and accused was convicted and sentenced as stated.

Citation
WA-45A-50-05/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Muhammad Hafiz Daniel bin Abdullah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 December 2022
Case Number
WA-45A-50-05/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Offences) / Trial Judgment and Sentencing
Outcome
Accused found guilty on all charges.
Legal Topics
Possession, Trafficking/distribution, Chain of Custody, Forensic Chemical Analysis, Statutory Presumption of Trafficking, Burden of Proof
Source Language
Malay/English
Criminal Law Drug Offences Poisons Law Evidence Law Possession Trafficking/distribution Chain of Custody Forensic Chemical Analysis +2 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Muhammad Hafiz Daniel bin Abdullah

Accused

Procedural Posture

Criminal (drug Offences) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether seized substances were the drugs/poisons charged
  2. 2 Whether accused had possession (custody/control) and knowledge of the drugs
  3. 3 Whether statutory presumption of trafficking applies on proved quantities

Ratio Decidendi

Chemical analysis proved the identity and weights of the seized drugs; credible eyewitness, documentary and CCTV evidence established accused's access, control and possession of the premises and exhibits; statutory presumptions of trafficking applied to the confirmed weights and were not rebutted on balance of probabilities by the accused; therefore prosecution proved all elements beyond reasonable doubt and accused was convicted and sentenced as stated.

Court Disposition

Accused found guilty on all charges.

Orders

  • Accused convicted on three counts of trafficking under s39B(1)(a) Dangerous Drugs Act 1952 and sentenced to death by hanging for each count.
  • Accused convicted under s30(3) Poisons Act 1952 and sentenced to 2 years' imprisonment to run from date of arrest 3 July 2020.