ISMAIL BIN ABD WAHAB

ISMAIL BIN ABD WAHAB

Prosecution established chain of custody and proved elements of possession (control and knowledge) and ingestion (urine screening and laboratory confirmation) beyond reasonable doubt; statutory presumptions under s.37(d) and s.37(k) applied and were not rebutted by the accused's uncorroborated denials; accordingly the accused is guilty on all charges and the appropriate sentences are as imposed, to run concurrently.

Citation
JI-83D-124-03/2021 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Ismail bin Abdul Wahab
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 December 2023
Case Number
JI-83D-124-03/2021 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Accused convicted on all charges
Legal Topics
Possession, Consumption (self‑administration), Chain of Custody, Statutory Presumptions, Sentencing, Concurrent Sentences, Search and Seizure
Source Language
Malay/English
Criminal Law Drug Offences Evidence Possession Consumption (self‑administration) Chain of Custody Statutory Presumptions Sentencing +2 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Ismail bin Abdul Wahab

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved possession under s.12(2) Dangerous Drugs Act 1952
  2. 2 Whether prosecution proved ingestion under s.15(1)(a) Dangerous Drugs Act 1952
  3. 3 Whether chain of custody for exhibits and urine sample was intact

Ratio Decidendi

Prosecution established chain of custody and proved elements of possession (control and knowledge) and ingestion (urine screening and laboratory confirmation) beyond reasonable doubt; statutory presumptions under s.37(d) and s.37(k) applied and were not rebutted by the accused's uncorroborated denials; accordingly the accused is guilty on all charges and the appropriate sentences are as imposed, to run concurrently.

Court Disposition

Accused convicted on all charges

Orders

  • JI-83D-124-03/2021: First amended charge – imprisonment 2 years and 3 strokes of the rotan
  • JI-83D-124-03/2021: Second amended charge – imprisonment 12 months