TERUMURUGAN A/L KOLANDAI GOUNDER [Timbalan (TPR), Jabatan Peguam Negara]

TERUMURUGAN A/L KOLANDAI GOUNDER [Timbalan (TPR), Jabatan Peguam Negara]

The Court accepted the trial judge’s findings that the appellant and his supporting witness were not credible, that the appellant was found carrying the bag alone and failed to rebut the statutory presumption of trafficking; the alleged Alcontara notice and late police report did not undermine the prosecution case; wilful blindness applied given circumstances; convictions under s39B(1)(a) Dangerous Drugs Act 1952 and s30(3) Poisons Act 1952 are upheld and sentences affirmed with adjustment of the drug sentence to 30 years' imprisonment and 15 strokes pursuant to legislative change abolishing mandatory death penalty.

Citation
W-05(SH)-315-08/2023 (Mahkamah Rayuan)
Parties
Appellant (perayu): Terumurugan A/L Kolandai Gounder; Respondent (public Prosecutor): Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
6 June 2024
Case Number
W-05(SH)-315-08/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Judgment (court of Appeal)
Outcome
Appeal dismissed; convictions and sentences affirmed with modification of drug sentence to 30 years' imprisonment and 15 strokes; sentences to run concurrently
Legal Topics
Trafficking, Possession, Wilful Blindness, Alcontara Notice, Statutory Presumption of Trafficking, Forensic Evidence (fingerprints), Appellate Review, Sentencing Following Abolition of Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Drug Offences Poisons Regulation Evidence Law Sentencing Trafficking Possession Wilful Blindness +5 more

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Parties

Terumurugan A/L Kolandai Gounder

Appellant (perayu)

Pendakwa Raya

Respondent (public Prosecutor)

Procedural Posture

Criminal Appeal / Appeal Judgment (court of Appeal)

Legal Issues

  1. 1 Whether the trial judge erred in finding the accused failed to give adequate Alcontara notice to police
  2. 2 Whether the trial judge failed to infer inferences favourable to the accused
  3. 3 Whether police investigation was incomplete and prejudicial to the defence

Ratio Decidendi

The Court accepted the trial judge’s findings that the appellant and his supporting witness were not credible, that the appellant was found carrying the bag alone and failed to rebut the statutory presumption of trafficking; the alleged Alcontara notice and late police report did not undermine the prosecution case; wilful blindness applied given circumstances; convictions under s39B(1)(a) Dangerous Drugs Act 1952 and s30(3) Poisons Act 1952 are upheld and sentences affirmed with adjustment of the drug sentence to 30 years' imprisonment and 15 strokes pursuant to legislative change abolishing mandatory death penalty.

Court Disposition

Appeal dismissed; convictions and sentences affirmed with modification of drug sentence to 30 years' imprisonment and 15 strokes; sentences to run concurrently

Orders

  • Appeal dismissed
  • Conviction under section 39B(1)(a) of the Dangerous Drugs Act 1952 affirmed