[ ] HAKIMI AIMAN BIN HUSSIN

[ ] HAKIMI AIMAN BIN HUSSIN

Prosecution failed to prove prima facie that accused had physical possession and knowledge of the cannabis and failed to prove custody/control and knowledge of clozapine; statutory presumptions under s37(da) Dangerous Drugs Act 1952 and s30(4) Poison Act 1952 could not be invoked; reasonable doubt existed due to absence of access card, rental by girlfriend and other credible inferences; accordingly accused was discharged and acquitted without being called to enter his defence.

Citation
BA-45A-153-12/2021 (Mahkamah Tinggi)
Parties
Prosecutor / Appellant: Pendakwa Raya; Accused / Respondent: Hakimi Aiman bin Hussin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 January 2024
Case Number
BA-45A-153-12/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Prosecution Appeal Against Acquittal After Close of Prosecution Case
Outcome
Accused discharged and acquitted; prosecution failed to make out prima facie case
Legal Topics
Possession, Trafficking, Prima Facie Burden, Presumptions of Possession, Chain of Custody, Control and Custody Under Poison Act
Source Language
Malay/English
Criminal Law Drug Law Evidence Procedural Law Possession Trafficking Prima Facie Burden Presumptions of Possession +2 more

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Parties

Pendakwa Raya

Prosecutor / Appellant

Hakimi Aiman bin Hussin

Accused / Respondent

Procedural Posture

Criminal Appeal / Prosecution Appeal Against Acquittal After Close of Prosecution Case

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for trafficking under s39B(1)(a) Dangerous Drugs Act 1952
  2. 2 Whether accused had possession and knowledge of cannabis (milikan dan pengetahuan)
  3. 3 Whether accused had custody and control and knowledge of clozapine under s30(3)/s30(4) Poison Act 1952

Ratio Decidendi

Prosecution failed to prove prima facie that accused had physical possession and knowledge of the cannabis and failed to prove custody/control and knowledge of clozapine; statutory presumptions under s37(da) Dangerous Drugs Act 1952 and s30(4) Poison Act 1952 could not be invoked; reasonable doubt existed due to absence of access card, rental by girlfriend and other credible inferences; accordingly accused was discharged and acquitted without being called to enter his defence.

Court Disposition

Accused discharged and acquitted; prosecution failed to make out prima facie case

Orders

  • Accused Hakimi Aiman bin Hussin is discharged and acquitted without being called to enter his defence
  • Prosecution's presumption arguments under s37(da) Dangerous Drugs Act 1952 and s30(4) Poison Act 1952 rejected