ARMAND BIN MOHAMED SUHAIMI

ARMAND BIN MOHAMED SUHAIMI

On maximum evaluation of the prosecution case the court found the prosecution proved identity, possession, knowledge and distribution: accused handed over the bag containing cannabis with his ID, accessed his secured home with fingerprint, retrieved boxes from his bedroom containing cannabis and thus had control and...

Source-derived case information.

Citation
BA-45A-17-03/2023 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: Armand bin Mohamed Suhaimi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 December 2025
Case Number
BA-45A-17-03/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial – Drug Offences / Post Trial: Conviction and Sentencing (appeal Filed)
Outcome
Accused convicted on both counts; guilty plea not entered; appeal filed to Court of Appeal noted.
Legal Topics
Possession of Controlled Substances, Trafficking/distribution Presumptions, Chain of Custody, Prima Facie Test Under S.180 CPC, Sentencing Discretion After Abolition of Mandatory Death Penalty
Criminal Law Drug Law Evidence Law Possession of Controlled Substances Trafficking/distribution Presumptions Chain of Custody Prima Facie Test Under S.180 CPC Sentencing Discretion After Abolition of Mandatory Death Penalty

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Parties

PENDAKWA RAYA

Prosecution

Armand bin Mohamed Suhaimi

Accused

Procedural Posture

Criminal Trial – Drug Offences / Post Trial: Conviction and Sentencing (appeal Filed)

Legal Issues

  1. 1 Whether seized substance was a controlled drug
  2. 2 Whether accused had possession, control and ownership
  3. 3 Whether accused had knowledge of the drugs

Ratio Decidendi

On maximum evaluation of the prosecution case the court found the prosecution proved identity, possession, knowledge and distribution: accused handed over the bag containing cannabis with his ID, accessed his secured home with fingerprint, retrieved boxes from his bedroom containing cannabis and thus had control and knowledge; statutory presumption for trafficking applied to 466.5g cannabis; accordingly a prima facie case was made out, accused was convicted under s.39B(1)(a) and s.6 ADB 1952 and sentenced.

Court Disposition

Accused convicted on both counts; guilty plea not entered; appeal filed to Court of Appeal noted.

Orders

  • Count P3 (s.39B(1)(a) Akta Dadah Berbahaya 1952): sentenced to imprisonment for life (treated as 30 years) commencing from date of arrest 17-10-2022 and 12 strokes of the rotan.
  • Count P4 (s.6 Akta Dadah Berbahaya 1952): sentenced to 2 years imprisonment from date of arrest 17-10-2022; sentences to run concurrently.