[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD NUR FIKRI BIN JUAHARI

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD NUR FIKRI BIN JUAHARI

Prosecution proved beyond reasonable doubt that accused had physical possession, control and knowledge of the methamphetamine (10.66g) found in his trouser pocket; chemist evidence and chain of custody were credible and sufficient; amendment of the date to 15.9.2020 under s158 KTJ was proper and non-prejudicial; defence failed to raise reasonable doubt; accused convicted under s12(2) ADB 1952 read with s39A(1) and sentenced to 4 years imprisonment and 4 strokes; application to stay execution refused.

Citation
CB-83D-1003-09/2020 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWARAYA; Accused: MUHAMMAD NUR FIKRI BIN JUAHARI (NO. KP: 950713065787)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 August 2022
Case Number
CB-83D-1003-09/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs Act 1952 (possession) / Trial — Judgment and Sentencing
Outcome
Guilty; convicted under s12(2) Akta Dadah Berbahaya 1952 read with s39A(1); sentence imposed
Legal Topics
Possession (milikan), Knowledge and Control, Chain of Custody, Sample Sufficiency (s37(j)), Amendment of Charge (s158 Ktj), Burden of Proof, Credibility of Police Witnesses, Sentencing, Stay of Execution Pending Appeal
Source Language
Malay/English
Criminal Law Narcotics / Dangerous Drugs Law Evidence Law Criminal Procedure Possession (milikan) Knowledge and Control Chain of Custody Sample Sufficiency (s37(j)) +5 more

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Parties

PENDAKWARAYA

Prosecution

MUHAMMAD NUR FIKRI BIN JUAHARI (NO. KP: 950713065787)

Accused

Procedural Posture

Criminal Dangerous Drugs Act 1952 (possession) / Trial — Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved physical and mental elements of possession (knowledge and control)
  2. 2 Whether the seized substance was a dangerous drug listed under the Act and its weight
  3. 3 Whether chain of custody was intact

Ratio Decidendi

Prosecution proved beyond reasonable doubt that accused had physical possession, control and knowledge of the methamphetamine (10.66g) found in his trouser pocket; chemist evidence and chain of custody were credible and sufficient; amendment of the date to 15.9.2020 under s158 KTJ was proper and non-prejudicial; defence failed to raise reasonable doubt; accused convicted under s12(2) ADB 1952 read with s39A(1) and sentenced to 4 years imprisonment and 4 strokes; application to stay execution refused.

Court Disposition

Guilty; convicted under s12(2) Akta Dadah Berbahaya 1952 read with s39A(1); sentence imposed

Orders

  • Accused convicted of the amended charge dated 15 September 2020 under s12(2) ADB 1952 read with s39A(1)
  • Sentence: Four (4) years imprisonment from date of conviction