1. ) MOHAMAD SHAHRUL BIN MOHAMAD 2. ) MOHAMAD SYAFIQ BIN MOHAMAD 3. ) MOHD RAZI BIN ABDUL RAZAK

1. ) MOHAMAD SHAHRUL BIN MOHAMAD 2. ) MOHAMAD SYAFIQ BIN MOHAMAD 3. ) MOHD RAZI BIN ABDUL RAZAK

Prosecution established beyond reasonable doubt the elements of possession: the methamphetamine was within the accuseds' immediate control and reach, supported by paraphernalia and positive urine tests; chain of custody from seizure to chemical analysis was continuous and reliable; the statutory presumption under s37(d) applied and was not rebutted by the defence; accordingly the accuseds were convicted under s12(2) DDA and sentenced under s39A(1).

Citation
JA-83D-1996-04/2019 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Mohamad Shahrul Bin Mohamad; Accused: Mohamad Syafiq Bin Mohamad; Accused: Mohd Razi Bin Abdul Razak
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
13 October 2022
Case Number
JA-83D-1996-04/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Possession / Trial Verdict and Sentencing
Outcome
All three accused convicted
Legal Topics
Possession, Knowledge and Control, Presumption Under S37 DDA, Chain of Custody, Prima Facie Test, Sentencing Deterrence
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Possession Knowledge and Control Presumption Under S37 DDA Chain of Custody Prima Facie Test +1 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Mohamad Shahrul Bin Mohamad

Accused

Mohamad Syafiq Bin Mohamad

Accused

Mohd Razi Bin Abdul Razak

Accused

Procedural Posture

Criminal Drug Possession / Trial Verdict and Sentencing

Legal Issues

  1. 1 Whether prosecution proved possession of methamphetamine (knowledge and control)
  2. 2 Whether presumption under s37(d) Dangerous Drugs Act 1952 applied
  3. 3 Whether chain of custody was intact from seizure to chemical analysis

Ratio Decidendi

Prosecution established beyond reasonable doubt the elements of possession: the methamphetamine was within the accuseds' immediate control and reach, supported by paraphernalia and positive urine tests; chain of custody from seizure to chemical analysis was continuous and reliable; the statutory presumption under s37(d) applied and was not rebutted by the defence; accordingly the accuseds were convicted under s12(2) DDA and sentenced under s39A(1).

Court Disposition

All three accused convicted

Orders

  • Each accused convicted under section 12(2) Dangerous Drugs Act 1952 (possession) and liable under section 39A(1) Dangerous Drugs Act 1952
  • Each accused sentenced to 3 years' imprisonment and 4 strokes of the cane, sentence to run from date of conviction