AZIRIN BIN SUHOT

AZIRIN BIN SUHOT

The court convicted the accused because the prosecution proved physical possession (drug found in accused's right hand), demonstrated knowledge by surrounding circumstances and witness testimony, and established unbroken chain of custody and forensic analysis confirming 0.15g methamphetamine; no reasonable doubt was raised by defence; sentence of one year imprisonment imposed from date of conviction.

Citation
JG-82-2-03/2021 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Azirin bin Suhot
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 October 2024
Case Number
JG-82-2-03/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Judgment and Sentencing
Outcome
Accused convicted
Legal Topics
Possession of Dangerous Drugs, Section 12(2) Dangerous Drugs Act 1952, Chain of Custody, Knowledge/mens Rea for Possession, Sentencing Principles
Source Language
Malay/English
Criminal Law Narcotics/drug Law Evidence Law Sentencing Law Possession of Dangerous Drugs Section 12(2) Dangerous Drugs Act 1952 Chain of Custody Knowledge/mens Rea for Possession +1 more

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Parties

Pendakwa Raya

Prosecutor

Azirin bin Suhot

Accused

Procedural Posture

Criminal Drug Offence / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused had physical possession of the methamphetamine
  2. 2 Whether the accused had requisite knowledge of the drug's nature (animus possidendi)
  3. 3 Whether prosecution proved chain of custody and chemical analysis

Ratio Decidendi

The court convicted the accused because the prosecution proved physical possession (drug found in accused's right hand), demonstrated knowledge by surrounding circumstances and witness testimony, and established unbroken chain of custody and forensic analysis confirming 0.15g methamphetamine; no reasonable doubt was raised by defence; sentence of one year imprisonment imposed from date of conviction.

Court Disposition

Accused convicted

Orders

  • Convicted under Section 12(2) Dangerous Drugs Act 1952
  • Sentenced to 1 year imprisonment from date of conviction