MOHD NORHISYAM BIN MOHD ROZI

MOHD NORHISYAM BIN MOHD ROZI

Prosecution proved identity and weight of the drug via chemical report but failed to prove possession and knowledge by accused because of breaks in chain of custody (unmarked rubber band, unsigned seizure form, inconsistencies between seizure and transfer documents), witness inconsistencies about observation distance and time, and absence of corroborative evidence; therefore no prima facie case at close of prosecution and accused must be acquitted under s173(f).

Citation
TF-83D-873-12/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Norhisyam bin Mohd Rozi
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 May 2024
Case Number
TF-83D-873-12/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / End of Prosecution Case (judgment at Close of Prosecution)
Outcome
Accused acquitted and discharged
Legal Topics
Prima Facie, Chain of Custody, Possession, Forensic Report, Witness Credibility
Source Language
Malay/English
Criminal Law Drugs/narcotics Law Evidence Law Prima Facie Chain of Custody Possession Forensic Report Witness Credibility

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Parties

Pendakwa Raya

Prosecution

Mohd Norhisyam bin Mohd Rozi

Accused

Procedural Posture

Criminal Drug Offence / End of Prosecution Case (judgment at Close of Prosecution)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case
  2. 2 Whether seized drugs were in accused's possession and accused had knowledge
  3. 3 Chain of custody and identity of exhibits

Ratio Decidendi

Prosecution proved identity and weight of the drug via chemical report but failed to prove possession and knowledge by accused because of breaks in chain of custody (unmarked rubber band, unsigned seizure form, inconsistencies between seizure and transfer documents), witness inconsistencies about observation distance and time, and absence of corroborative evidence; therefore no prima facie case at close of prosecution and accused must be acquitted under s173(f).

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Mohd Norhisyam bin Mohd Rozi is acquitted and discharged from the charge.
  • Record that prosecution has failed to make out a prima facie case under Section 173(f) of the CPC (Kanun Tatacara Jenayah).