[Timbalan (TPR), Jabatan Peguam Negara] MOHD SOLEH BIN MOHD HUSSIN

[Timbalan (TPR), Jabatan Peguam Negara] MOHD SOLEH BIN MOHD HUSSIN

Court found prosecution proved a prima facie case: accredited chemical analysis established identity and quantities; chain of custody remained intact; accused was alone and in immediate proximity to packaged cannabis and packaging tools and handed over additional cannabis from upstairs; quantity was consistent with trafficking; defence explanations were implausible and failed to raise reasonable doubt; therefore accused guilty on both counts and sentenced accordingly.

Citation
WA-45A-27-03/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Soleh bin Mohd Hussin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 November 2024
Case Number
WA-45A-27-03/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Offences / Trial Judgment and Sentencing (conviction and Sentencing)
Outcome
Accused convicted on both counts
Legal Topics
Trafficking, Possession, Mitragynine (psychotropic Substance), Chain of Custody, Expert Opinion, Prima Facie Test, Statutory Presumptions
Source Language
Malay/English
Criminal Law Drug Offences Forensic Evidence Trafficking Possession Mitragynine (psychotropic Substance) Chain of Custody Expert Opinion +2 more

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Parties

Pendakwa Raya

Prosecution

Mohd Soleh bin Mohd Hussin

Accused

Procedural Posture

Criminal Trial Drug Offences / Trial Judgment and Sentencing (conviction and Sentencing)

Legal Issues

  1. 1 Whether prosecution established a prima facie case for trafficking under s.39B(1)(a) Dangerous Drugs Act 1952 and possession under s.30(3) Poisons Act 1952
  2. 2 Adequacy and reliability of chemical analysis and sampling by the Government chemist
  3. 3 Whether chain of custody was intact

Ratio Decidendi

Court found prosecution proved a prima facie case: accredited chemical analysis established identity and quantities; chain of custody remained intact; accused was alone and in immediate proximity to packaged cannabis and packaging tools and handed over additional cannabis from upstairs; quantity was consistent with trafficking; defence explanations were implausible and failed to raise reasonable doubt; therefore accused guilty on both counts and sentenced accordingly.

Court Disposition

Accused convicted on both counts

Orders

  • Count 1 (s.39B(1)(a) Dangerous Drugs Act 1952, punishable under s.39B(2)): 30 years imprisonment from date of arrest and 12 strokes of the rotan
  • Count 2 (s.30(3) Poisons Act 1952, punishable under s.30(5)): 3 years imprisonment from date of arrest