PENDAKWARAYA FATIN HANUM BINTI ABDUL HADI MOHD ZAMRI BIN SAIDIN

PENDAKWARAYA FATIN HANUM BINTI ABDUL HADI MOHD ZAMRI BIN SAIDIN

For charge 1 the prosecution proved actual physical possession and knowledge: cannabis (488g) was found in the accused's motorcycle carrier which he rode and owned; statutory quantity supports trafficking inference so accused was ordered to enter defence. For charge 2 the prosecution failed to prove exclusive possession or control of the cabinet or that the accused had animus possidendi over its contents; photocopied title was inadmissible and the recorded statement of the deceased had limited probative value; DNA and a key on a keyring were insufficient to establish possession or knowledge — charge 2 discharged without calling accused to defend.

Citation
WA-45A-34-06/2018 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya (Public Prosecutor); Accused/defendant: Mohd Zamri bin Saidin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2020
Case Number
WA-45A-34-06/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal — Drug Trafficking (dangerous Drugs Act 1952) / End of Prosecution Case — Prima Facie Ruling (charge 1: Accused Ordered to Enter Defence; Charge 2: Discharged)
Outcome
Charge 1: Prima facie case established — accused ordered to enter defence. Charge 2: No prima facie case — accused discharged and acquitted without being called to enter defence.
Legal Topics
Possession and Custody, Presumptions Under S37(d) Dangerous Drugs Act 1952, Prima Facie Test at Close of Prosecution (s180 Criminal Procedure Code), Admissibility of Statements of Deceased (s32(1)(i) Evidence Act), Secondary Documentary Evidence (ss61, 63, 65 Evidence Act), Element of Knowledge, Trafficking/distribution (s39 B)
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Forensic/dna Evidence Possession and Custody Presumptions Under S37(d) Dangerous Drugs Act 1952 Prima Facie Test at Close of Prosecution (s180 Criminal Procedure Code) Admissibility of Statements of Deceased (s32(1)(i) Evidence Act) +3 more

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Parties

Pendakwa Raya (Public Prosecutor)

Prosecution

Mohd Zamri bin Saidin

Accused/defendant

Procedural Posture

Criminal — Drug Trafficking (dangerous Drugs Act 1952) / End of Prosecution Case — Prima Facie Ruling (charge 1: Accused Ordered to Enter Defence; Charge 2: Discharged)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for charge 1 (488g cannabis)
  2. 2 Whether prosecution proved a prima facie case for charge 2 (37,883g cannabis)
  3. 3 Whether cannabis found in motorcycle was in accused's possession and he had knowledge

Ratio Decidendi

For charge 1 the prosecution proved actual physical possession and knowledge: cannabis (488g) was found in the accused's motorcycle carrier which he rode and owned; statutory quantity supports trafficking inference so accused was ordered to enter defence. For charge 2 the prosecution failed to prove exclusive possession or control of the cabinet or that the accused had animus possidendi over its contents; photocopied title was inadmissible and the recorded statement of the deceased had limited probative value; DNA and a key on a keyring were insufficient to establish possession or knowledge — charge 2 discharged without calling accused to defend.

Court Disposition

Charge 1: Prima facie case established — accused ordered to enter defence. Charge 2: No prima facie case — accused discharged and acquitted without being called to enter defence.

Orders

  • Charge 1: Accused Mohd Zamri bin Saidin ordered to enter his defence on offence of trafficking 488 grams Cannabis under s39B(1)(a) Dangerous Drugs Act 1952.
  • Charge 2: Accused Mohd Zamri bin Saidin discharged and released without being called to enter his defence in respect of 37,883 grams Cannabis (no prima facie case).