[Timbalan (TPR), Jabatan Peguam Negara] MOHD KAMAL BIN JOHARI

[Timbalan (TPR), Jabatan Peguam Negara] MOHD KAMAL BIN JOHARI

Eyewitness testimony established the accused had physical and mens rea possession of cannabis in and on vehicles; chemist confirmed identity and weight; chain of custody was maintained; statutory presumption of trafficking under s37(da)(vi) DDA applied and the accused failed to rebut it on balance of probabilities; accordingly conviction on all three trafficking charges is warranted and sentence of 30 years' imprisonment imposed to run from 4.1.2021, with whipping spared under s289(c) CPC.

Citation
WA-45A-12-01/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Mohd Kamal bin Johari
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 January 2025
Case Number
WA-45A-12-01/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment
Outcome
Accused found guilty, convicted on all three charges of drug trafficking and sentenced to imprisonment
Legal Topics
Possession, Trafficking, Presumption of Trafficking, Chain of Custody, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Trafficking Presumption of Trafficking Chain of Custody Sentencing

Case Brief

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Parties

Public Prosecutor

Prosecutor

Mohd Kamal bin Johari

Accused

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused had mens rea possession of cannabis found in and on vehicles
  2. 2 Whether the statutory presumption of trafficking under section 37(da)(vi) Dangerous Drugs Act applies and whether the accused rebutted it on balance of probabilities
  3. 3 Whether the chain of custody for the exhibits was unbroken and evidence admissible

Ratio Decidendi

Eyewitness testimony established the accused had physical and mens rea possession of cannabis in and on vehicles; chemist confirmed identity and weight; chain of custody was maintained; statutory presumption of trafficking under s37(da)(vi) DDA applied and the accused failed to rebut it on balance of probabilities; accordingly conviction on all three trafficking charges is warranted and sentence of 30 years' imprisonment imposed to run from 4.1.2021, with whipping spared under s289(c) CPC.

Court Disposition

Accused found guilty, convicted on all three charges of drug trafficking and sentenced to imprisonment

Orders

  • Convicted on three counts of drug trafficking under s39B DDA
  • Sentence: 30 years' imprisonment to take effect from 4.1.2021