[ ] 1. ) HARUN BIN IBRAHIM 2. ) MOHD ZULHAIMY BIN MOHD JANI 3. ) MOHAMMAD ALIFF BIN AZHAR

[ ] 1. ) HARUN BIN IBRAHIM 2. ) MOHD ZULHAIMY BIN MOHD JANI 3. ) MOHAMMAD ALIFF BIN AZHAR

The prosecution proved identity and weight of the drug (24.2g Monoacetylmorphines) and established possession and knowledge by inference from the accused's proximity to exposed packets and packaging tools, their conduct during arrest, and corroborating witness and documentary evidence; because weight exceeded 15g the statutory presumption of distribution applied and was not rebutted on balance of probabilities, and common intention was inferred from the circumstances; therefore guilt was proven beyond reasonable doubt and conviction followed.

Citation
KA-45A-58-08/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Harun bin Ibrahim; Accused: Mohd Zulhilmy bin Mohd Jani; Accused: Mohamad Aliff bin Azhar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 December 2023
Case Number
KA-45A-58-08/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment and Sentencing
Outcome
Convicted and sentenced
Legal Topics
Possession, Trafficking/distribution, Common Intention (s34 Penal Code), Prima Facie Test, Chain of Custody, Sentencing Discretion Under Act 846, Statutory Presumptions (s37(da)(iii) ADB 1952)
Source Language
Malay/English
Criminal Law Narcotics/drug Offences Evidence Law Procedure Possession Trafficking/distribution Common Intention (s34 Penal Code) Prima Facie Test +3 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Harun bin Ibrahim

Accused

Mohd Zulhilmy bin Mohd Jani

Accused

Mohamad Aliff bin Azhar

Accused

Procedural Posture

Criminal Drug Trafficking / Judgment and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved identity of the drug and quantity
  2. 2 Whether the accused had possession and knowledge of the drugs
  3. 3 Whether the presumption of distribution under s37(da)(iii) ADB 1952 was rebutted

Ratio Decidendi

The prosecution proved identity and weight of the drug (24.2g Monoacetylmorphines) and established possession and knowledge by inference from the accused's proximity to exposed packets and packaging tools, their conduct during arrest, and corroborating witness and documentary evidence; because weight exceeded 15g the statutory presumption of distribution applied and was not rebutted on balance of probabilities, and common intention was inferred from the circumstances; therefore guilt was proven beyond reasonable doubt and conviction followed.

Court Disposition

Convicted and sentenced

Orders

  • Convicted under section 39B(1)(a) Dangerous Drugs Act 1952 read with section 34 Penal Code
  • Sentence: life imprisonment commencing from date of arrest for each accused