SYED DARUL NAFIS BIN SYED JAAFAR

SYED DARUL NAFIS BIN SYED JAAFAR

The court found prosecution had established a prima facie case; the accused's defence was an unsupported, late afterthought and mere denial that failed to raise reasonable doubt or provide sufficient Alcontara particulars, and the alleged third party 'Shamsari' was not proved or corroborated; accordingly the accused was convicted and sentenced within the statutory range after considering mitigation and sentencing trends.

Citation
JA-83D-2277-04/2021 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: SYED DARUL NAFIS BIN SYED JAAFAR
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 February 2024
Case Number
JA-83D-2277-04/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Trial Judgment and Sentencing
Outcome
Accused convicted under section 12(2) Dangerous Drugs Act 1952 and punishable under section 39A(1); sentenced to imprisonment and corporal punishment.
Legal Topics
Possession of Controlled Drugs, Prima Facie Case, Alcontara Notice, Sentencing Principles and Trend, Radhi Direction (third Party Trafficker Defence)
Source Language
Malay/English
Criminal Law Narcotics/drugs Law Evidence Possession of Controlled Drugs Prima Facie Case Alcontara Notice Sentencing Principles and Trend Radhi Direction (third Party Trafficker Defence)

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Parties

PENDAKWA RAYA

Prosecution

SYED DARUL NAFIS BIN SYED JAAFAR

Accused

Procedural Posture

Criminal Drug Offence / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution established a prima facie case of possession/trafficking
  2. 2 Whether the accused raised a sufficient Alcontara notice to shift burden to prosecution
  3. 3 Whether the defence version (existence of third party 'Shamsari') was credible or a fictitious afterthought

Ratio Decidendi

The court found prosecution had established a prima facie case; the accused's defence was an unsupported, late afterthought and mere denial that failed to raise reasonable doubt or provide sufficient Alcontara particulars, and the alleged third party 'Shamsari' was not proved or corroborated; accordingly the accused was convicted and sentenced within the statutory range after considering mitigation and sentencing trends.

Court Disposition

Accused convicted under section 12(2) Dangerous Drugs Act 1952 and punishable under section 39A(1); sentenced to imprisonment and corporal punishment.

Orders

  • Convicted under section 12(2) Dangerous Drugs Act 1952 read with section 39A(1).
  • Sentence: 3 years 9 months imprisonment from date of conviction and 4 strokes.