[ ] 1. ) MUHAMMAD AZIZUL HAFIZ BIN WAHIB 2. ) NOOR KAMARUL ZUHAIMI BIN NOORAZMAN LUA

[ ] 1. ) MUHAMMAD AZIZUL HAFIZ BIN WAHIB 2. ) NOOR KAMARUL ZUHAIMI BIN NOORAZMAN LUA

The Court of Appeal allowed the appeal by the Pendakwa Raya, holding that the Magistrate's omission to state the s.37(d) presumption at the end of the prosecution case was an oversight that did not occasion substantial injustice given the overwhelming admissible evidence of control and knowledge; appellate re-evaluation of the evidence supported restoration of the Magistrate's conviction and sentence, therefore the High Court's decision to set aside the conviction was incorrect and was overturned.

Citation
T-09-403-11/2022 (Mahkamah Rayuan)
Parties
Perayu (appellant): Pendakwa Raya; Responden (respondent): Muhammad Azizul Hafiz bin Wahib; Responden (respondent): Noor Kamarul Zuhaimi bin Noorazman Lua
Court
Court of Appeal
Jurisdiction
Malaysia
Judgment Date
18 April 2024
Case Number
T-09-403-11/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Judgment of the Court of Appeal (restoration of Magistrate's Conviction)
Outcome
Appeal allowed. High Court judgment set aside. Magistrate's conviction and sentence restored.
Legal Topics
Possession Vs Control, Presumption Under S.37(d) Dangerous Drugs Act 1952, Section 12(2) and 39 A(1) Dangerous Drugs Act 1952, Appellate Review and Standard of Intervention, Failure of Trial Court to State Legal Presumption
Source Language
Malay/English
Criminal Law Narcotics/drug Law Evidence Law Appellate Procedure Possession Vs Control Presumption Under S.37(d) Dangerous Drugs Act 1952 Section 12(2) and 39 A(1) Dangerous Drugs Act 1952 Appellate Review and Standard of Intervention +1 more

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Parties

Pendakwa Raya

Perayu (appellant)

Muhammad Azizul Hafiz bin Wahib

Responden (respondent)

Noor Kamarul Zuhaimi bin Noorazman Lua

Responden (respondent)

Procedural Posture

Criminal Appeal / Appeal Judgment of the Court of Appeal (restoration of Magistrate's Conviction)

Legal Issues

  1. 1 Whether omission by Magistrate to state application of presumption under s.37(d) ADB at end of prosecution case was a serious misdirection causing substantial prejudice
  2. 2 Whether Magistrate erred by treating the charge of control as equivalent to possession (confusing possession and custody/control)
  3. 3 Whether the High Court erred in setting aside the Magistrate's conviction given the totality of evidence

Ratio Decidendi

The Court of Appeal allowed the appeal by the Pendakwa Raya, holding that the Magistrate's omission to state the s.37(d) presumption at the end of the prosecution case was an oversight that did not occasion substantial injustice given the overwhelming admissible evidence of control and knowledge; appellate re-evaluation of the evidence supported restoration of the Magistrate's conviction and sentence, therefore the High Court's decision to set aside the conviction was incorrect and was overturned.

Court Disposition

Appeal allowed. High Court judgment set aside. Magistrate's conviction and sentence restored.

Orders

  • Magistrate's conviction restored
  • Warrant of imprisonment issued against both respondents to serve 1 year 6 months imprisonment each