1. ) MOHD SYAMIL BIN ABDULLAH 2. ) MAIDATUL AKMANAIS BIN AHMAD KAMARUDIN

1. ) MOHD SYAMIL BIN ABDULLAH 2. ) MAIDATUL AKMANAIS BIN AHMAD KAMARUDIN

The court found that prosecution proved beyond reasonable doubt that both accused had physical possession and knowledge of methamphetamine based on drugs' proximity on the bed between them, exclusive control of the room by accused 1, corroborating receptionist identification and CCTV stills, intact chain of custody, and absence of any credible rebuttal; therefore both accused were guilty under s.12(2) Dangerous Drugs Act 1952 read with s.39A(2) and s.34 Penal Code.

Citation
BA-62D-80-04/2022 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: MOHD SYAMIL BIN ABDULLAH; Accused: MAIDATUL AKMANAIS BIN AHMAD KAMARUDIN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 December 2024
Case Number
BA-62D-80-04/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal / Judgment (trial Concluded)
Outcome
Accused convicted
Legal Topics
Possession, Knowledge (mens Rea), Prima Facie, Chain of Custody, Search and Seizure, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Possession Knowledge (mens Rea) Prima Facie Chain of Custody Search and Seizure +1 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

MOHD SYAMIL BIN ABDULLAH

Accused

MAIDATUL AKMANAIS BIN AHMAD KAMARUDIN

Accused

Procedural Posture

Criminal / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether prosecution proved possession and control of the drugs by both accused
  2. 2 Whether prosecution proved knowledge (mens rea) of the accused regarding the drugs
  3. 3 Whether prima facie case was made to call accused to answer

Ratio Decidendi

The court found that prosecution proved beyond reasonable doubt that both accused had physical possession and knowledge of methamphetamine based on drugs' proximity on the bed between them, exclusive control of the room by accused 1, corroborating receptionist identification and CCTV stills, intact chain of custody, and absence of any credible rebuttal; therefore both accused were guilty under s.12(2) Dangerous Drugs Act 1952 read with s.39A(2) and s.34 Penal Code.

Court Disposition

Accused convicted

Orders

  • Each accused sentenced to 11 years imprisonment from date of arrest 05/12/2021
  • Each accused ordered to receive 12 strokes of the cane