PENDAKWARAYA JAVIER EDGARDO SILVA (PASSPORT NO.: 27380358)

PENDAKWARAYA JAVIER EDGARDO SILVA (PASSPORT NO.: 27380358)

On the totality of evidence the prosecution proved beyond reasonable doubt that the seized substance was 2,825.8g of cocaine, that the accused had custody and control of the suitcase containing the drugs (with supporting CCTV, search list and DNA on personal items), and that he had knowledge and was transporting/concealing the drugs for trafficking; the chemist's evidence and chain of custody were reliable and admissible; alleged procedural irregularities (translator, formal written consent for blood) did not render evidence inadmissible; the accused failed to rebut statutory presumptions or raise reasonable doubt; s.39B(2A) conditions for life imprisonment were not satisfied so the...

Citation
BA-45A-3-01/2018 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Javier Edgardo Silva
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 September 2019
Case Number
BA-45A-3-01/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / Trial Judgment and Sentencing
Outcome
Accused found guilty as charged under s.39B(1)(a) DDA 1952; sentenced to death under s.39B(2) DDA 1952
Legal Topics
Trafficking, Possession and Knowledge, Chain of Custody, Admissibility of Evidence, Presumptions Under Dangerous Drugs Act, DNA Evidence, Sentencing Death Penalty, Interpreter/consent Issues, Laboratory Standards (unodc)
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Forensic Science Trafficking Possession and Knowledge Chain of Custody Admissibility of Evidence +5 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Javier Edgardo Silva

Accused

Procedural Posture

Criminal Dangerous Drugs / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the seized substance was cocaine and properly identified
  2. 2 Whether chain of custody and identity of exhibits were preserved
  3. 3 Whether the accused had possession and knowledge of the drugs

Ratio Decidendi

On the totality of evidence the prosecution proved beyond reasonable doubt that the seized substance was 2,825.8g of cocaine, that the accused had custody and control of the suitcase containing the drugs (with supporting CCTV, search list and DNA on personal items), and that he had knowledge and was transporting/concealing the drugs for trafficking; the chemist's evidence and chain of custody were reliable and admissible; alleged procedural irregularities (translator, formal written consent for blood) did not render evidence inadmissible; the accused failed to rebut statutory presumptions or raise reasonable doubt; s.39B(2A) conditions for life imprisonment were not satisfied so the...

Court Disposition

Accused found guilty as charged under s.39B(1)(a) DDA 1952; sentenced to death under s.39B(2) DDA 1952

Orders

  • Convicted of trafficking 2825.8 grams of cocaine under section 39B(1)(a) Dangerous Drugs Act 1952
  • Sentenced to death pursuant to section 39B(2) Dangerous Drugs Act 1952