PENDAKWARAYA SAN LWIN

PENDAKWARAYA SAN LWIN

The prosecution failed to prove beyond reasonable doubt that the accused had actual possession of the drugs because DW2's unrebutted evidence that a red plastic bag was found in a waste basket at the 6th floor raised a reasonable doubt as to whether the drugs were in the accused's hand; consequently the presumption of trafficking under section 37(da)(xvi) was rebutted on the balance of probabilities and the accused was acquitted.

Citation
PA-45A-76-10/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: San Lwin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 November 2021
Case Number
PA-45A-76-10/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment (acquitted)
Outcome
Accused discharged and acquitted of the Charge
Legal Topics
Trafficking, Possession, Presumption of Trafficking, Chain of Custody, Search and Seizure, Reasonable Doubt
Source Language
Malay/English
Criminal Law Drugs Law Evidence Trafficking Possession Presumption of Trafficking Chain of Custody Search and Seizure +1 more

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Parties

Public Prosecutor

Prosecutor

San Lwin

Accused

Procedural Posture

Criminal / Judgment (acquitted)

Legal Issues

  1. 1 Whether the accused had actual possession (custody, control and knowledge) of the drugs
  2. 2 Whether chain of custody and identity of drug exhibits were intact
  3. 3 Whether the statutory presumption of trafficking under section 37(da)(xvi) of the Dangerous Drugs Act 1952 was triggered and could be rebutted

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused had actual possession of the drugs because DW2's unrebutted evidence that a red plastic bag was found in a waste basket at the 6th floor raised a reasonable doubt as to whether the drugs were in the accused's hand; consequently the presumption of trafficking under section 37(da)(xvi) was rebutted on the balance of probabilities and the accused was acquitted.

Court Disposition

Accused discharged and acquitted of the Charge

Orders

  • Accused discharged and acquitted of the Charge