[ ] MOHD SHARIZAL BIN AZIZ

[ ] MOHD SHARIZAL BIN AZIZ

The court found beyond reasonable doubt that the accused had physical custody and control of the drugs (they were in a belt pouch worn on his person), and the circumstances (volume, packaging, presence of accused's trial card and his panic) permitted the inference of knowledge; net weights satisfied statutory thresholds invoking the presumption of trafficking for heroin/monoacetylmorphines; defence evidence was discredited and did not raise a reasonable doubt; chain of custody was intact. Convictions and sentences therefore follow.

Citation
NA-45A-1-01/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; 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 and Sentencing
Outcome
Convicted and sentenced
Legal Topics
Trafficking, Possession, Presumption of Trafficking, Chain of Custody, Witness Credibility, Sentencing
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Trafficking Possession Presumption of Trafficking Chain of Custody Witness Credibility +1 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Mohd Sharizal bin Aziz

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused was in possession of the seized drugs (custody/control and knowledge)
  2. 2 Whether the presumption of trafficking under section 37(da)(iiia) applied
  3. 3 Whether the chain of custody was broken or evidence contaminated

Ratio Decidendi

The court found beyond reasonable doubt that the accused had physical custody and control of the drugs (they were in a belt pouch worn on his person), and the circumstances (volume, packaging, presence of accused's trial card and his panic) permitted the inference of knowledge; net weights satisfied statutory thresholds invoking the presumption of trafficking for heroin/monoacetylmorphines; defence evidence was discredited and did not raise a reasonable doubt; chain of custody was intact. Convictions and sentences therefore follow.

Court Disposition

Convicted and sentenced

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