PENDAKWARAYA Pejabat Pendakwaan Wilayah Persekutuan Kuala Lumpur MUHAMAD ZULHELMI BIN ABDULLAH [NO. K/P: 930111-08-5571]

PENDAKWARAYA Pejabat Pendakwaan Wilayah Persekutuan Kuala Lumpur MUHAMAD ZULHELMI BIN ABDULLAH [NO. K/P: 930111-08-5571]

Prosecution discharged burden: credible eyewitness police testimony placed the seized drugs in accused's left trouser pocket; chain of custody from seizure to chemical analysis was intact despite absence of a search list; accused's flight and circumstances supported inference of knowledge; accordingly accused convicted on amended charges and sentenced as recorded.

Citation
WA-83D-4961-05/2019 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: MUHAMAD ZULHELMI BIN ABDULLAH
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
11 September 2020
Case Number
WA-83D-4961-05/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offences / Trial and Sentencing (conviction Entered; Appeal Filed)
Outcome
Accused found guilty on both amended charges (section 39A(1) and section 6 ADB 1952) and convicted.
Legal Topics
Possession of Controlled Drugs, Chain of Custody, Prima Facie Test / Maximum Evaluation, Search Procedure Compliance (section 64 Cpc), Amendment of Charge (section 158 Cpc), Sentencing Principles, Knowledge (mens Rea)
Source Language
Malay/English
Criminal Law Drug Law Evidence Possession of Controlled Drugs Chain of Custody Prima Facie Test / Maximum Evaluation Search Procedure Compliance (section 64 Cpc) Amendment of Charge (section 158 Cpc) +2 more

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Parties

PENDAKWA RAYA

Prosecution

MUHAMAD ZULHELMI BIN ABDULLAH

Accused

Procedural Posture

Criminal Drug Offences / Trial and Sentencing (conviction Entered; Appeal Filed)

Legal Issues

  1. 1 Whether prosecution proved possession of methamphetamine and cannabis
  2. 2 Whether accused had knowledge (mens rea) of the drugs
  3. 3 Whether chain of custody was intact despite absence of search list and seized clothing

Ratio Decidendi

Prosecution discharged burden: credible eyewitness police testimony placed the seized drugs in accused's left trouser pocket; chain of custody from seizure to chemical analysis was intact despite absence of a search list; accused's flight and circumstances supported inference of knowledge; accordingly accused convicted on amended charges and sentenced as recorded.

Court Disposition

Accused found guilty on both amended charges (section 39A(1) and section 6 ADB 1952) and convicted.

Orders

  • Pertuduhan Pertama Terpinda: Imprisonment 30 months from 11 September 2020 and 5 strokes (sebatan).
  • Pertuduhan Kedua Terpinda: Imprisonment 14 months from 11 September 2020.