[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD SYAFIQ BIN AHMAD SAFRI

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD SYAFIQ BIN AHMAD SAFRI

The court found the prosecution proved beyond reasonable doubt that the accused had direct possession and knowledge of the 381.4g methamphetamine based on eyewitness testimony, CCTV, chain of custody, incriminating conduct and drugs recovered from the accused's rented apartment; the accused's new explanation was not put in cross-examination and did not raise reasonable doubt; the presumption of trafficking under s37(da) DDA was properly invoked, warranting conviction and sentence.

Citation
WA-45A-39-04/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Muhammad Syafiq bin Ahmad Safri; Co Accused (discharged on Certain Charges): Darunee Kalabud
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 July 2024
Case Number
WA-45A-39-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trafficking in Dangerous Drugs / Judgment Convicted and Sentenced
Outcome
Accused convicted of trafficking 381.4 grams Methamphetamine under s39B DDA; sentenced to 30 years imprisonment and 12 strokes of whipping; other related charges/co-accused acquitted or discharged as recorded.
Legal Topics
Trafficking, Possession, Presumption of Trafficking, Chain of Custody, Cross Examination Obligations
Source Language
Malay/English
Criminal Law Narcotics/drug Law Evidence Law Procedure Trafficking Possession Presumption of Trafficking Chain of Custody +1 more

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Parties

Pendakwa Raya

Prosecutor

Muhammad Syafiq bin Ahmad Safri

Accused

Darunee Kalabud

Co Accused (discharged on Certain Charges)

Procedural Posture

Criminal Trafficking in Dangerous Drugs / Judgment Convicted and Sentenced

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the accused had possession and knowledge of 381.4g methamphetamine
  2. 2 Whether circumstantial evidence and CCTV established actus reus and mens rea for trafficking under s39B DDA
  3. 3 Whether the accused's defence (paper bag/food) raised a reasonable doubt given failure to put the version in cross-examination

Ratio Decidendi

The court found the prosecution proved beyond reasonable doubt that the accused had direct possession and knowledge of the 381.4g methamphetamine based on eyewitness testimony, CCTV, chain of custody, incriminating conduct and drugs recovered from the accused's rented apartment; the accused's new explanation was not put in cross-examination and did not raise reasonable doubt; the presumption of trafficking under s37(da) DDA was properly invoked, warranting conviction and sentence.

Court Disposition

Accused convicted of trafficking 381.4 grams Methamphetamine under s39B DDA; sentenced to 30 years imprisonment and 12 strokes of whipping; other related charges/co-accused acquitted or discharged as recorded.

Orders

  • Convicted on charge of trafficking dangerous drugs (381.4g Methamphetamine) under s39B DDA
  • Sentence: 30 years imprisonment from date of arrest