[ ] 1. ) Ngoforo Ebube Gospel (Nigeria) 2. ) Nelson Oguchukwu Chukwumeka (Nigeria)

[ ] 1. ) Ngoforo Ebube Gospel (Nigeria) 2. ) Nelson Oguchukwu Chukwumeka (Nigeria)

Accused 1: prosecution proved custody and control of bag P12 found in his vehicle and CCTV showed the bag being placed into his car and his conduct thereafter; s37(d) presumption applied and Accused 1 failed to rebut on balance of probabilities or raise reasonable doubt about knowledge, quantity pointed to trafficking; conviction under s39B(1)(a) followed. Accused 2: prosecution failed to prove identity of the person in CCTV as Accused 2, lacked forensic linkage and uninterrupted chain of custody and did not make out a prima facie case; Accused 2 acquitted and discharged.

Citation
BA-45A-53-08/2020 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused 1 / OKT1: Ngoforo Ebube Gospel; Accused 2 / OKT2: Nelson Oguchukwu Chukwumeka
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 October 2024
Case Number
BA-45A-53-08/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (dangerous Drugs Act 1952) / Trial Concluded Judgment and Sentencing (conviction of Accused 1; Acquittal of Accused 2)
Outcome
Accused 1 (Ngoforo Ebube Gospel) convicted under section 39B(1)(a) Dangerous Drugs Act 1952; Accused 2 (Nelson Oguchukwu Chukwumeka) acquitted and discharged.
Legal Topics
Trafficking, Possession and Custody, Presumption Under Section 37(d), Chain of Custody, Forensic/phone Analysis, Sentencing Discretion After Abolition of Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Drug Control Law Evidence Law Trafficking Possession and Custody Presumption Under Section 37(d) Chain of Custody Forensic/phone Analysis +1 more

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Parties

Pendakwa Raya

Prosecution

Ngoforo Ebube Gospel

Accused 1 / OKT1

Nelson Oguchukwu Chukwumeka

Accused 2 / OKT2

Procedural Posture

Criminal Drug Trafficking (dangerous Drugs Act 1952) / Trial Concluded Judgment and Sentencing (conviction of Accused 1; Acquittal of Accused 2)

Legal Issues

  1. 1 Whether each accused had custody and control of the drugs
  2. 2 Whether accused had knowledge of the drugs triggering presumptions under s37(d) and s37(da)
  3. 3 Whether prosecution proved joint intention/participation between accused

Ratio Decidendi

Accused 1: prosecution proved custody and control of bag P12 found in his vehicle and CCTV showed the bag being placed into his car and his conduct thereafter; s37(d) presumption applied and Accused 1 failed to rebut on balance of probabilities or raise reasonable doubt about knowledge, quantity pointed to trafficking; conviction under s39B(1)(a) followed. Accused 2: prosecution failed to prove identity of the person in CCTV as Accused 2, lacked forensic linkage and uninterrupted chain of custody and did not make out a prima facie case; Accused 2 acquitted and discharged.

Court Disposition

Accused 1 (Ngoforo Ebube Gospel) convicted under section 39B(1)(a) Dangerous Drugs Act 1952; Accused 2 (Nelson Oguchukwu Chukwumeka) acquitted and discharged.

Orders

  • Accused 1 sentenced to 30 years imprisonment from 25 October 2019
  • Accused 1 sentenced to 12 strokes of the cane