MD ISKANDAR BIN MUHAMAD

MD ISKANDAR BIN MUHAMAD

Chemist evidence established identity and total weight (1471g) of methamphetamine; PW6's direct credible testimony that the packaged drugs fell from the scooter footrest one step from the accused together with accused's conduct (struggle/attempt to flee) and the concealment packaging justified inference of possession and knowledge; possession with knowledge invoked mandatory presumption of trafficking under s.37(da) DDA which accused failed to rebut on balance of probabilities; conviction under s.39B(1)(a) DDA and sentence imposed follows.

Citation
JB-45A-2-09/2020 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: MD ISKANDAR BIN MUHAMAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 December 2024
Case Number
JB-45A-2-09/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment and Sentencing
Outcome
Accused convicted under Section 39B(1)(a) Dangerous Drugs Act 1952 for trafficking methamphetamine.
Legal Topics
Trafficking, Possession and Knowledge, Statutory Presumptions (dda), Search and Seizure, Credibility of Witnesses, Sentencing Life Imprisonment and Whipping
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Procedure Trafficking Possession and Knowledge Statutory Presumptions (dda) Search and Seizure +2 more

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Parties

PENDAKWA RAYA

Prosecution

MD ISKANDAR BIN MUHAMAD

Accused

Procedural Posture

Criminal Drug Trafficking / Judgment and Sentencing

Legal Issues

  1. 1 Whether identity and weight of drugs were proved
  2. 2 Whether accused had custody and control (possession)
  3. 3 Whether accused had knowledge of the drugs

Ratio Decidendi

Chemist evidence established identity and total weight (1471g) of methamphetamine; PW6's direct credible testimony that the packaged drugs fell from the scooter footrest one step from the accused together with accused's conduct (struggle/attempt to flee) and the concealment packaging justified inference of possession and knowledge; possession with knowledge invoked mandatory presumption of trafficking under s.37(da) DDA which accused failed to rebut on balance of probabilities; conviction under s.39B(1)(a) DDA and sentence imposed follows.

Court Disposition

Accused convicted under Section 39B(1)(a) Dangerous Drugs Act 1952 for trafficking methamphetamine.

Orders

  • Convicted and sentenced to life imprisonment (defined as 30 years under s.3 Criminal Justice Act 1953) to run from date of arrest
  • Ordered to undergo twelve (12) strokes of whipping