PENDAKWARAYA PENDAKWARAYA MOHAMMAD JEFFRI BIN NGADIMAN

PENDAKWARAYA PENDAKWARAYA MOHAMMAD JEFFRI BIN NGADIMAN

Because no statutory caution in the prescribed words (or words to like effect) was shown to have been administered after arrest, the accused's statements and conduct were inadmissible; on the totality of admissible evidence the defence successfully rebutted the statutory presumptions of possession and knowledge under s37(d) (and thus distribution under s37(da)) raising reasonable doubt, therefore the accused was acquitted of the charge concerning 6,969g cannabis.

Citation
45A-52-10/2016 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Mohammad Jeffri bin Ngadiman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 November 2019
Case Number
45A-52-10/2016 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence (akta Dadah Berbahaya 1952) / Trial Judgment on Perbicaraan Jenayah 45 a 52 10/2016 (acquittal)
Outcome
Accused Mohammad Jeffri bin Ngadiman acquitted and discharged on charge 45A-52-10/2016.
Legal Topics
Statutory Caution Under Section 37 B ADB 1952, Presumptions of Possession and Knowledge (s37 ADB 1952), Admissibility of Statements and Conduct, Chain of Custody, Standard of Proof Reasonable Doubt
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Statutory Caution Under Section 37 B ADB 1952 Presumptions of Possession and Knowledge (s37 ADB 1952) Admissibility of Statements and Conduct Chain of Custody Standard of Proof Reasonable Doubt

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Parties

Public Prosecutor

Prosecution

Mohammad Jeffri bin Ngadiman

Accused

Procedural Posture

Criminal Drug Offence (akta Dadah Berbahaya 1952) / Trial Judgment on Perbicaraan Jenayah 45 a 52 10/2016 (acquittal)

Legal Issues

  1. 1 Whether absence of statutory caution under s37B(1)(b) ADB 1952 rendered accused's statements/conduct inadmissible
  2. 2 Whether prosecution proved possession and knowledge (presumptions under s37(d) and distribution under s37(da))
  3. 3 Whether chain of evidence and corroboration were sufficient to sustain a prima facie case

Ratio Decidendi

Because no statutory caution in the prescribed words (or words to like effect) was shown to have been administered after arrest, the accused's statements and conduct were inadmissible; on the totality of admissible evidence the defence successfully rebutted the statutory presumptions of possession and knowledge under s37(d) (and thus distribution under s37(da)) raising reasonable doubt, therefore the accused was acquitted of the charge concerning 6,969g cannabis.

Court Disposition

Accused Mohammad Jeffri bin Ngadiman acquitted and discharged on charge 45A-52-10/2016.

Orders

  • Accused is acquitted and discharged of the charge of trafficking 6,969 grams of cannabis contrary to section 39B(1)(a) Akta Dadah Berbahaya 1952.