MUHAMAD AKMAL BIN ABD RAHAMAN

MUHAMAD AKMAL BIN ABD RAHAMAN

The High Court found no appealable error: SP3's evidence established prima facie possession, control and knowledge; the chain of custody was intact; discrepancies in names were immaterial given matching identity card number; absence of calibration certificate, fingerprinting and fitting test did not undermine evidential weight; the defence was a bare denial/afterthought attracting s.114(g) inference. Therefore conviction and the sentence of 10 years imprisonment and 10 strokes were upheld.

Citation
RA-42S-3-08/2023 (Mahkamah Tinggi)
Parties
Appellant/accused (tertuduh Pertama): Muhamad Akmal bin Abd Rahman; Respondent/prosecution: Pendakwa Raya; Co Accused (tertuduh Kedua): Mohd Sofi bin Ruzelan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 April 2024
Case Number
RA-42S-3-08/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (drug Offence) / Appeal Against Conviction and Sentence to High Court (appellate Review)
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Possession of Controlled Substance, Chain of Custody, Fitting Test and Fingerprint Evidence, Inferential Presumptions S.114(g) Evidence Act, Dangerous Drugs Act Sentencing Provisions
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Appellate Procedure Possession of Controlled Substance Chain of Custody Fitting Test and Fingerprint Evidence Inferential Presumptions S.114(g) Evidence Act +1 more

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Parties

Muhamad Akmal bin Abd Rahman

Appellant/accused (tertuduh Pertama)

Pendakwa Raya

Respondent/prosecution

Mohd Sofi bin Ruzelan

Co Accused (tertuduh Kedua)

Procedural Posture

Criminal Appeal (drug Offence) / Appeal Against Conviction and Sentence to High Court (appellate Review)

Legal Issues

  1. 1 Whether prosecution proved possession, control and knowledge beyond reasonable doubt/established prima facie case at trial
  2. 2 Whether chain of custody for exhibit P15 (bag and drugs) was intact
  3. 3 Whether discrepancies in names in police reports vitiate identification

Ratio Decidendi

The High Court found no appealable error: SP3's evidence established prima facie possession, control and knowledge; the chain of custody was intact; discrepancies in names were immaterial given matching identity card number; absence of calibration certificate, fingerprinting and fitting test did not undermine evidential weight; the defence was a bare denial/afterthought attracting s.114(g) inference. Therefore conviction and the sentence of 10 years imprisonment and 10 strokes were upheld.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed
  • Conviction and sentence imposed by Sessions Court (10 years imprisonment from date of arrest and 10 strokes of whipping) confirmed