PENDAKWARAYA Omar Bin Abdul Rahiman & 3 lagi

PENDAKWARAYA Omar Bin Abdul Rahiman & 3 lagi

Prosecution proved beyond reasonable doubt the identity and weight of seized drugs and established custody/control and sufficient indicia of knowledge for each accused by proximity and physical control (including surrender of a cigarette box by Omar). The statutory presumption under s.37(d) ADB was engaged and not rebutted on balance of probabilities. Defence explanations were unsupported, inconsistent and amounted to afterthoughts. Therefore prima facie case became full proof at trial and accused were convicted and sentenced.

Citation
BL-83D-1460-11/2017 & BL-83D-1463-11/2019 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused (okt 2): Omar bin Abdul Rahiman; Accused (okt 1): Aiman Sayyidi bin Abdul Mutalib; Accused (okt 3): Mohd Najib bin Mohd Haniba; Accused (okt 4): Tuan Hafizuddin bin Tuan Mohd Ruzuhan
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
8 November 2019
Case Number
BL-83D-1460-11/2017 & BL-83D-1463-11/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs Act Offences / Conviction and Sentencing
Outcome
All accused found guilty and convicted on the amended charges; sentences imposed as set out in orders.
Legal Topics
Possession, Knowledge, Prima Facie Case, Statutory Presumption Under S.37(d) Dangerous Drugs Act 1952, Joint Possession and Common Intention (s.34 Penal Code)
Source Language
Malay/English
Criminal Law Drug Control Evidence Law Criminal Procedure Possession Knowledge Prima Facie Case Statutory Presumption Under S.37(d) Dangerous Drugs Act 1952 +1 more

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Parties

Pendakwa Raya

Prosecution

Omar bin Abdul Rahiman

Accused (okt 2)

Aiman Sayyidi bin Abdul Mutalib

Accused (okt 1)

Mohd Najib bin Mohd Haniba

Accused (okt 3)

Tuan Hafizuddin bin Tuan Mohd Ruzuhan

Accused (okt 4)

Procedural Posture

Criminal Dangerous Drugs Act Offences / Conviction and Sentencing

Legal Issues

  1. 1 Whether prosecution established a prima facie case at close of its case
  2. 2 Whether the seized substances constituted dangerous drugs and were properly identified
  3. 3 Whether each accused had possession (custody/control) and knowledge of the drugs

Ratio Decidendi

Prosecution proved beyond reasonable doubt the identity and weight of seized drugs and established custody/control and sufficient indicia of knowledge for each accused by proximity and physical control (including surrender of a cigarette box by Omar). The statutory presumption under s.37(d) ADB was engaged and not rebutted on balance of probabilities. Defence explanations were unsupported, inconsistent and amounted to afterthoughts. Therefore prima facie case became full proof at trial and accused were convicted and sentenced.

Court Disposition

All accused found guilty and convicted on the amended charges; sentences imposed as set out in orders.

Orders

  • Omar bin Abdul Rahiman (OKT 2): Convicted on amended charge under s.12(2) Dangerous Drugs Act 1952 (0.21g methamphetamine) and sentenced to 6 months imprisonment from date of conviction (8.11.2019)
  • Aiman Sayyidi bin Abdul Mutalib (OKT 1): Convicted on three amended charges under Dangerous Drugs Act 1952 (6.39g methamphetamine, 2.78g cannabis, 0.01g nimetazepam) and sentenced to: 30 months imprisonment (first amended charge: methamphetamine), 12 months imprisonment (second amended charge: cannabis), 6 months...