AMIR EMRAN BIN YAHYA

AMIR EMRAN BIN YAHYA

The appeal against the trial court's order to call for defence is incompetent at this interlocutory stage because such an order is not a final 'decision' under s.3 CJA; the court had correctly conducted a maximum evaluation, found a prima facie case of possession and trafficking (invoking s.37(da) DDA given the analysed weight), and therefore properly called on the appellant to enter his defence and continue trial on fixed dates.

Citation
AB-45A-6-10/2021 (Mahkamah Tinggi)
Parties
Prosecution/respondent: Pendakwa Raya; Accused/appellant: Amir Emran bin Yahya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 September 2024
Case Number
AB-45A-6-10/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs (s.39 B(1)(a) Dda) / Post Prosecution Case; Interlocutory Appeal Against Court's Order to Call Defence (appeal Deemed Incompetent)
Outcome
Appeal dismissed/struck out as incompetent; trial court's order calling the accused to enter his defence upheld.
Legal Topics
Statutory Presumption of Trafficking S.37(da), Prima Facie Test and Calling Defence (s.173 Cpc), Appealability of Interlocutory Rulings, Chain of Custody and Possession
Source Language
Malay/English
Criminal Law Drugs Law Evidence Procedure Appeals Statutory Presumption of Trafficking S.37(da) Prima Facie Test and Calling Defence (s.173 Cpc) Appealability of Interlocutory Rulings Chain of Custody and Possession

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Parties

Pendakwa Raya

Prosecution/respondent

Amir Emran bin Yahya

Accused/appellant

Procedural Posture

Criminal Dangerous Drugs (s.39 B(1)(a) Dda) / Post Prosecution Case; Interlocutory Appeal Against Court's Order to Call Defence (appeal Deemed Incompetent)

Legal Issues

  1. 1 Whether an accused may appeal against a trial court's ruling to call for his defence where a statutory presumption of trafficking arises under s.37(da) DDA
  2. 2 Whether an accused may appeal against an order to call for defence per se as a non-final ruling
  3. 3 Whether the prosecution proved a prima facie case of possession and trafficking to justify calling defence

Ratio Decidendi

The appeal against the trial court's order to call for defence is incompetent at this interlocutory stage because such an order is not a final 'decision' under s.3 CJA; the court had correctly conducted a maximum evaluation, found a prima facie case of possession and trafficking (invoking s.37(da) DDA given the analysed weight), and therefore properly called on the appellant to enter his defence and continue trial on fixed dates.

Court Disposition

Appeal dismissed/struck out as incompetent; trial court's order calling the accused to enter his defence upheld.

Orders

  • Appeal dismissed as incompetent
  • Appellant ordered to enter his defence