PENDAKWARAYA 1. SHAFRIZAL BIN ISHAK 2. FAZWEEN BINTI IZHAM

PENDAKWARAYA 1. SHAFRIZAL BIN ISHAK 2. FAZWEEN BINTI IZHAM

Court found prosecution proved identity, weight (189.93g) and chain of custody for methamphetamine and established circumstantial facts linking the accused to locked room No.2 (key on 1st accused, personal documents, packing equipment). However, applying the correct post‑Alma Nudo approach the defence successfully rebutted the statutory presumption of knowledge on the balance of probabilities; reasonable doubt remained as to guilt and prosecution failed to prove the offence beyond reasonable doubt; both accused acquitted and discharged.

Citation
45A-36-06/2017 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Shafrizal bin Ishak; Accused: Fazween binti Izham
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 July 2019
Case Number
45A-36-06/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal / Trial Judgment After Close of Defence
Outcome
Acquitted and discharged
Legal Topics
Trafficking, Possession, Common Intention (s.34 Penal Code), Statutory Presumptions (dangerous Drugs Act), Hostile Witness (s.154 Evidence Act), Prima Facie Test (s.180 Cr Pc), Chain of Custody, Rebuttal of Presumption After Alma Nudo Atenza
Source Language
Malay/English
Criminal Law Drugs Law Evidence Procedure Trafficking Possession Common Intention (s.34 Penal Code) Statutory Presumptions (dangerous Drugs Act) +4 more

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Parties

Public Prosecutor

Prosecution

Shafrizal bin Ishak

Accused

Fazween binti Izham

Accused

Procedural Posture

Criminal / Trial Judgment After Close of Defence

Legal Issues

  1. 1 Whether prosecution proved possession and knowledge of 189.93g methamphetamine
  2. 2 Whether statutory presumptions of knowledge and trafficking applied and if they were rebutted
  3. 3 Whether there was common intention between the accused under s.34 Penal Code

Ratio Decidendi

Court found prosecution proved identity, weight (189.93g) and chain of custody for methamphetamine and established circumstantial facts linking the accused to locked room No.2 (key on 1st accused, personal documents, packing equipment). However, applying the correct post‑Alma Nudo approach the defence successfully rebutted the statutory presumption of knowledge on the balance of probabilities; reasonable doubt remained as to guilt and prosecution failed to prove the offence beyond reasonable doubt; both accused acquitted and discharged.

Court Disposition

Acquitted and discharged

Orders

  • Acquit and discharge both the accused of the offence as charged.