PENDAKWARAYA Puan Nor Azizah binti Muhammad Bavithran A/l Paramasivan

PENDAKWARAYA Puan Nor Azizah binti Muhammad Bavithran A/l Paramasivan

The court found prosecution proved identity and weights of drugs and that the accused had custody/control and knowledge (attempted flight) of the drugs; statutory presumptions under s37(da) arose for each charge and the defence failed to rebut them on the balance of probabilities or raise a reasonable doubt; accordingly the accused was convicted of trafficking and sentenced to death under s39B(2).

Citation
JA-45A-54-11/2018 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Bavithran a/l Paramasivam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 May 2021
Case Number
JA-45A-54-11/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment (conviction and Sentencing)
Outcome
Accused found guilty on all counts of trafficking under section 39B(1)(a) Dangerous Drugs Act 1952; convicted and sentenced to death
Legal Topics
Trafficking, Possession, Statutory Presumption Under S37(da), Chain of Custody, Alcontara Notice, Adverse Inference S114(g), Sentencing Under S39 B(2) and S39 B(2 A)
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedural Law Trafficking Possession Statutory Presumption Under S37(da) Chain of Custody +3 more

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Parties

Public Prosecutor

Prosecution

Bavithran a/l Paramasivam

Accused

Procedural Posture

Criminal Drug Trafficking / Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether prosecution proved possession and trafficking beyond reasonable doubt
  2. 2 Whether statutory presumption under s37(da) was properly invoked and rebutted
  3. 3 Whether defence raised a reasonable doubt by Alcontara notice or absence/non-production of witnesses/CCTV

Ratio Decidendi

The court found prosecution proved identity and weights of drugs and that the accused had custody/control and knowledge (attempted flight) of the drugs; statutory presumptions under s37(da) arose for each charge and the defence failed to rebut them on the balance of probabilities or raise a reasonable doubt; accordingly the accused was convicted of trafficking and sentenced to death under s39B(2).

Court Disposition

Accused found guilty on all counts of trafficking under section 39B(1)(a) Dangerous Drugs Act 1952; convicted and sentenced to death

Orders

  • Accused convicted of three counts of trafficking (Cannabis, Heroin, Methamphetamine) under s39B(1)(a) DDA
  • Sentence: death by hanging under s39B(2) DDA