MOHD AMIN BIN BAHRUDIN [ ]

MOHD AMIN BIN BAHRUDIN [ ]

The appeal is dismissed because the prosecution proved beyond reasonable doubt that the appellant had possession and knowledge of the methamphetamine, the chain of custody was intact, the appellant's defence was a bare denial that failed to raise reasonable doubt, and the magistrate's sentence was proportionate.

Citation
DA-41S-9-06/2019 (Mahkamah Tinggi)
Parties
Appellant/accused: Mohd Amin bin Bahruddin; Respondent/prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 May 2021
Case Number
DA-41S-9-06/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (drug Offence) / Appeal Against Conviction and Sentence From Magistrate's Court (hearing Concluded)
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Possession of Controlled Drugs, Knowledge/animus Possidendi, Chain of Custody, Admissibility of Reaction Evidence, Search and Seizure, Sentencing Proportionality
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Sentencing Possession of Controlled Drugs Knowledge/animus Possidendi Chain of Custody Admissibility of Reaction Evidence +2 more

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Parties

Mohd Amin bin Bahruddin

Appellant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Appeal (drug Offence) / Appeal Against Conviction and Sentence From Magistrate's Court (hearing Concluded)

Legal Issues

  1. 1 Whether appellant had possession and knowledge of the drugs
  2. 2 Whether a body search was conducted at the scene
  3. 3 Whether the exhibit was counted/examined at the scene

Ratio Decidendi

The appeal is dismissed because the prosecution proved beyond reasonable doubt that the appellant had possession and knowledge of the methamphetamine, the chain of custody was intact, the appellant's defence was a bare denial that failed to raise reasonable doubt, and the magistrate's sentence was proportionate.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • Appeal dismissed.
  • Conviction by the Magistrate upheld.