[ ] MUHAMMAD IRSYAD BIN ADZHA

[ ] MUHAMMAD IRSYAD BIN ADZHA

Prosecution proved actual possession and knowledge by credible, consistent evidence and chemical analysis of 495.2g cannabis; statutory presumption of trafficking under s.37(da)(vi) applied and the accused failed to rebut it on the balance of probabilities, therefore convicted; sentencing exercised under amended law to life imprisonment and 15 strokes.

Citation
BA-45A-3-02/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Muhammad Irsyad bin Adzha
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 October 2023
Case Number
BA-45A-3-02/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Offence / Conviction and Sentencing (trial Court Judgment)
Outcome
Accused convicted of trafficking in dangerous drugs under s.39B(1)(a) ADB 1952
Legal Topics
Possession, Presumption of Trafficking Under S.37(da) ADB 1952, Burden of Proof (sections 180 and 182 a Ktj), Sentencing Discretion After Abolition of Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Presumption of Trafficking Under S.37(da) ADB 1952 Burden of Proof (sections 180 and 182 a Ktj) Sentencing Discretion After Abolition of Mandatory Death Penalty

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Parties

Pendakwa Raya

Prosecutor

Muhammad Irsyad bin Adzha

Accused

Procedural Posture

Criminal Trial Drug Offence / Conviction and Sentencing (trial Court Judgment)

Legal Issues

  1. 1 Whether the prosecution proved actual possession and knowledge of the drugs
  2. 2 Whether the statutory presumption of trafficking under s.37(da) ADB 1952 applies
  3. 3 Whether the accused rebutted the presumption on the balance of probabilities

Ratio Decidendi

Prosecution proved actual possession and knowledge by credible, consistent evidence and chemical analysis of 495.2g cannabis; statutory presumption of trafficking under s.37(da)(vi) applied and the accused failed to rebut it on the balance of probabilities, therefore convicted; sentencing exercised under amended law to life imprisonment and 15 strokes.

Court Disposition

Accused convicted of trafficking in dangerous drugs under s.39B(1)(a) ADB 1952

Orders

  • Accused sentenced to life imprisonment from date of arrest
  • Accused to be sentenced to 15 strokes