[ ] 1. ) MUHAMMAD AMIN 2. ) MOHD AZWAN BIN HANAFI 3. ) THIYAGU A/L A.PARAMASIVAM

[ ] 1. ) MUHAMMAD AMIN 2. ) MOHD AZWAN BIN HANAFI 3. ) THIYAGU A/L A.PARAMASIVAM

On maximum evaluation the prosecution failed to prove possession and knowledge necessary for trafficking: accused were at best momentary carriers with no access to concealed compartments, material inconsistencies in police evidence undermined inference of knowledge, no overt act or pre-arranged common intention was established, and s27 EA could not supply culpable knowledge; therefore no prima facie case and accused were acquitted at close of prosecution.

Citation
BA-45A-112-10/2018 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: MUHAMMAD AMIN (OKT1) (Passport: AR1205042); Accused: MOHD AZWAN BIN HANAFI (OKT2) (IC: 910204-03-5903); Accused: THIYAGU A/L PARAMASIVAM (OKT3) (IC: 761024-10-5197)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 December 2022
Case Number
BA-45A-112-10/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (dangerous Drugs Act 1952) / Trial Concluded; Judgment at Close of Prosecution (acquittal)
Outcome
OKT1, OKT2 and OKT3 acquitted and discharged at the close of the prosecution for both charges
Legal Topics
Trafficking, Possession, Prima Facie Burden, Chain of Custody, Common Intention (s34), Section 39 B Dangerous Drugs Act 1952, Section 27 Evidence Act 1950
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Customs/import Law Trafficking Possession Prima Facie Burden Chain of Custody +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

MUHAMMAD AMIN (OKT1) (Passport: AR1205042)

Accused

MOHD AZWAN BIN HANAFI (OKT2) (IC: 910204-03-5903)

Accused

THIYAGU A/L PARAMASIVAM (OKT3) (IC: 761024-10-5197)

Accused

Procedural Posture

Criminal Drug Trafficking (dangerous Drugs Act 1952) / Trial Concluded; Judgment at Close of Prosecution (acquittal)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case at close of its case
  2. 2 Whether accused had possession and knowledge of the drugs (mens rea)
  3. 3 Whether facts established trafficking under s39B(1)(a) ADB 1952

Ratio Decidendi

On maximum evaluation the prosecution failed to prove possession and knowledge necessary for trafficking: accused were at best momentary carriers with no access to concealed compartments, material inconsistencies in police evidence undermined inference of knowledge, no overt act or pre-arranged common intention was established, and s27 EA could not supply culpable knowledge; therefore no prima facie case and accused were acquitted at close of prosecution.

Court Disposition

OKT1, OKT2 and OKT3 acquitted and discharged at the close of the prosecution for both charges

Orders

  • Accused MUHAMMAD AMIN (OKT1) acquitted and discharged of both charges
  • Accused MOHD AZWAN BIN HANAFI (OKT2) acquitted and discharged of both charges