PENDAKWARAYA SIVA RAMAN A/L RAMASAMY

PENDAKWARAYA SIVA RAMAN A/L RAMASAMY

On maximum evaluation the court found the prosecution proved the nature and weight of the drugs (208.0 grams of cannabis) and actual possession by the accused with intact chain of custody; the statutory presumption of trafficking under s37(da) DDA was triggered and the defence failed to rebut on the balance of probabilities or to raise a reasonable doubt; accordingly the accused was convicted and sentenced under s39B DDA.

Citation
PA-45A-56-08/2018 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Siva Raman a/l Ramasamy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 September 2020
Case Number
PA-45A-56-08/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment (conviction)
Outcome
Guilty; convicted
Legal Topics
Trafficking, Possession, Statutory Presumption of Trafficking, Chain of Custody, Burden of Proof, Police Procedure
Source Language
Malay/English
Criminal Law Drug Offences Evidence Trafficking Possession Statutory Presumption of Trafficking Chain of Custody Burden of Proof +1 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Siva Raman a/l Ramasamy

Accused

Procedural Posture

Criminal Trial / Judgment (conviction)

Legal Issues

  1. 1 Whether prosecution established a prima facie case at close of prosecution and thereafter proved guilt beyond reasonable doubt
  2. 2 Whether the accused had actual possession, knowledge, custody and control of the drugs
  3. 3 Sufficiency and scope of chemical analysis (SP4) and chain of custody

Ratio Decidendi

On maximum evaluation the court found the prosecution proved the nature and weight of the drugs (208.0 grams of cannabis) and actual possession by the accused with intact chain of custody; the statutory presumption of trafficking under s37(da) DDA was triggered and the defence failed to rebut on the balance of probabilities or to raise a reasonable doubt; accordingly the accused was convicted and sentenced under s39B DDA.

Court Disposition

Guilty; convicted

Orders

  • Convicted under Section 39B(1)(a) Dangerous Drugs Act 1952
  • Sentenced to death pursuant to Section 39B(2) Dangerous Drugs Act 1952