[ ] AFIQ AFIZI BIN ABDULLAH

[ ] AFIQ AFIZI BIN ABDULLAH

Court ruled defence preliminary objection to multiple charges was without merit because prosecutorial discretion permits separate charges for distinct scheduled drugs found in a sample; however at close of prosecution the court found material and unexplained discrepancies in the chain of custody and identity of exhibits (markings, dates, delivery/receipt records, newspaper wrappers, and motorcycle evidence) that created reasonable doubt as to identity and possession, thus prosecution failed to make out a prima facie case and the accused was discharged and acquitted without being called to enter defence.

Citation
KA-45-22-08/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Afiq Afizi bin Abdullah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 July 2024
Case Number
KA-45-22-08/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / End of Prosecution: Ruling on Prima Facie / Accused Discharged Without Being Called to Enter Defence
Outcome
Accused discharged and acquitted without being called to enter defence for both charges.
Legal Topics
Possession, Distribution, Chain of Custody, Alibi, Preliminary Objection, Prima Facie Standard, Prosecutorial Discretion
Source Language
Malay/English
Criminal Law Narcotics/drug Offences Evidence Law Constitutional Law Possession Distribution Chain of Custody Alibi +3 more

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Parties

Pendakwa Raya

Prosecutor

Afiq Afizi bin Abdullah

Accused

Procedural Posture

Criminal Dangerous Drugs / End of Prosecution: Ruling on Prima Facie / Accused Discharged Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether prosecution permissibly laid two separate charges for two drugs found in the same package
  2. 2 Whether chain of custody and identity of the drug exhibits were proved
  3. 3 Whether prosecution proved possession (custody/control) and knowledge by the accused

Ratio Decidendi

Court ruled defence preliminary objection to multiple charges was without merit because prosecutorial discretion permits separate charges for distinct scheduled drugs found in a sample; however at close of prosecution the court found material and unexplained discrepancies in the chain of custody and identity of exhibits (markings, dates, delivery/receipt records, newspaper wrappers, and motorcycle evidence) that created reasonable doubt as to identity and possession, thus prosecution failed to make out a prima facie case and the accused was discharged and acquitted without being called to enter defence.

Court Disposition

Accused discharged and acquitted without being called to enter defence for both charges.

Orders

  • Defence preliminary objection to single combined charge dismissed; prosecution entitled to prefer separate charges.
  • Accused Afiq Afizi bin Abdullah is discharged and acquitted without being called to enter defence for KA-45A-60-08/2019 and KA-45-22-08/2019.