[ ] MUNIAN A/L MATHERAVEERAN

[ ] MUNIAN A/L MATHERAVEERAN

Applying maximum evaluation the court accepted police testimony, the accused's conduct and recorded statement under s.27, and the forensic report proving 16.56g of listed dangerous drugs; these facts established possession, knowledge and, by statutory presumption s.37(da)(iiia), trafficking; defence was rejected as mere denial/afterthought and the mandatory death sentence under s.39B(2) DDA 1952 was imposed as no exception under s.39B(2A)(d) was proven.

Citation
AA-45A-8-10/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused/defendant: Munian a/l Matheraveeran
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 August 2022
Case Number
AA-45A-8-10/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial Judgment (conviction and Sentencing)
Outcome
Accused found guilty and convicted under Section 39B(1)(a) Dangerous Drugs Act 1952; sentenced to mandatory death under Section 39B(2) Dangerous Drugs Act 1952
Legal Topics
Trafficking, Possession, Possession Presumptions, Chain of Custody, Admissibility of Statements (s.27 Evidence Act), Prima Facie Test, Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Trafficking Possession Possession Presumptions Chain of Custody Admissibility of Statements (s.27 Evidence Act) +2 more

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Parties

Pendakwa Raya

Prosecution

Munian a/l Matheraveeran

Accused/defendant

Procedural Posture

Criminal Drug Trafficking / Trial Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether a prima facie case was made out at the close of the prosecution's case under s.180/173 CPC
  2. 2 Whether the accused had possession, control and knowledge of the seized drugs
  3. 3 Whether quantity and circumstantial evidence establish trafficking under s.37(da)(iiia) DDA 1952

Ratio Decidendi

Applying maximum evaluation the court accepted police testimony, the accused's conduct and recorded statement under s.27, and the forensic report proving 16.56g of listed dangerous drugs; these facts established possession, knowledge and, by statutory presumption s.37(da)(iiia), trafficking; defence was rejected as mere denial/afterthought and the mandatory death sentence under s.39B(2) DDA 1952 was imposed as no exception under s.39B(2A)(d) was proven.

Court Disposition

Accused found guilty and convicted under Section 39B(1)(a) Dangerous Drugs Act 1952; sentenced to mandatory death under Section 39B(2) Dangerous Drugs Act 1952

Orders

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