[ ] Mahir Affandi Bin Mohamad

[ ] Mahir Affandi Bin Mohamad

After full evaluation the court found the prosecution proved identity of drugs and maintained chain of custody; statutory presumption under s.37(da)(xvi) DDA was not rebutted on balance of probabilities and accused's explanations were incredible or showed wilful blindness; accordingly accused was guilty of trafficking 2,828.60g Methamphetamine and possession of 5.19g Methamphetamine; sentenced to life imprisonment and 15 strokes for trafficking and 3 years imprisonment and 3 strokes for possession to run concurrently from arrest date.

Citation
AA-45A-5-06/2019 (Mahkamah Tinggi)
Parties
Prosecutor: PUBLIC PROSECUTOR; Accused: MAHIR AFFANDI BIN MOHAMAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 May 2024
Case Number
AA-45A-5-06/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Judgment (conviction and Sentencing)
Outcome
Accused convicted on both charges (trafficking and possession)
Legal Topics
Trafficking, Possession, Chain of Custody, Statutory Presumption, Wilful Blindness, Sentencing Discretion (death Penalty Vs Life Imprisonment)
Source Language
Malay/English
Criminal Law Drug Offences Evidence Trafficking Possession Chain of Custody Statutory Presumption Wilful Blindness +1 more

Case Brief

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Parties

PUBLIC PROSECUTOR

Prosecutor

MAHIR AFFANDI BIN MOHAMAD

Accused

Procedural Posture

Criminal Drug Offences / Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether prosecution made out a prima facie case under s.180 CPC
  2. 2 Whether chain of custody was broken
  3. 3 Identity and chemical nature of seized substances

Ratio Decidendi

After full evaluation the court found the prosecution proved identity of drugs and maintained chain of custody; statutory presumption under s.37(da)(xvi) DDA was not rebutted on balance of probabilities and accused's explanations were incredible or showed wilful blindness; accordingly accused was guilty of trafficking 2,828.60g Methamphetamine and possession of 5.19g Methamphetamine; sentenced to life imprisonment and 15 strokes for trafficking and 3 years imprisonment and 3 strokes for possession to run concurrently from arrest date.

Court Disposition

Accused convicted on both charges (trafficking and possession)

Orders

  • Convicted on 17 May 2024
  • Trafficking (AA-45A-5-06/2019): sentenced to imprisonment for life and 15 strokes of whipping