[ ] MOHD SHARIZAL BIN AZIZ

[ ] MOHD SHARIZAL BIN AZIZ

Drugs were found in a belt pouch worn on the accused’s person, establishing custody/control; circumstantial evidence (volume/packing, trial date card, accused's fearful reaction) supported knowledge; chain of custody was maintained and chemist evidence established identities and net weights; presumption of trafficking applied to heroin/monoacetylmorphines; defence witnesses were disbelieved; accordingly the accused was convicted of trafficking under s39B(1)(a) and possession under s12(2).

Citation
NA-45A-1-01/2019 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Mohd Sharizal bin Aziz
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 March 2022
Case Number
NA-45A-1-01/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment (conviction and Sentencing)
Outcome
Accused convicted on both counts.
Legal Topics
Trafficking, Possession, Presumption of Trafficking, Chain of Custody, Credibility of Witnesses, Sentencing Death Penalty
Source Language
Malay/English
Criminal Law Drug Offences Evidence Trafficking Possession Presumption of Trafficking Chain of Custody Credibility of Witnesses +1 more

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Parties

Public Prosecutor

Prosecution

Mohd Sharizal bin Aziz

Accused

Procedural Posture

Criminal / Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether the accused was in possession of the recovered drugs
  2. 2 Whether the presumption of trafficking under section 37 DDA 1952 applied
  3. 3 Whether the prosecution proved custody and knowledge of the drugs beyond reasonable doubt

Ratio Decidendi

Drugs were found in a belt pouch worn on the accused’s person, establishing custody/control; circumstantial evidence (volume/packing, trial date card, accused's fearful reaction) supported knowledge; chain of custody was maintained and chemist evidence established identities and net weights; presumption of trafficking applied to heroin/monoacetylmorphines; defence witnesses were disbelieved; accordingly the accused was convicted of trafficking under s39B(1)(a) and possession under s12(2).

Court Disposition

Accused convicted on both counts.

Orders

  • Convicted under section 39B(1)(a) Dangerous Drugs Act 1952 for trafficking 22.7 grams of heroin and monoacetylmorphines; sentenced to death by hanging.
  • Convicted under section 12(2) Dangerous Drugs Act 1952 for possession of 38.46 grams of methamphetamine; sentenced to 8 years imprisonment commencing 29 August 2018 and 10 strokes of the rotan.