ABDUL RAHMAN BIN MOHD

ABDUL RAHMAN BIN MOHD

The Court held the conviction safe because (1) the chemist's unchallenged analysis and identification of a sealed packet preserved the integrity of the exhibit so any intermediate handling (Inspector Shogi) did not break the chain; (2) photographs were properly identified in court by officers with first‑hand knowledge so non‑production of the photographer did not make them inadmissible; (3) the appellant was found in actual possession and failed to rebut the presumption of trafficking under s37(da)(vi) given the 942g weight; (4) no evidence existed to trigger the s39B(2A) alternative sentencing discretion.

Citation
W-05(M)-3-01/2020 (Mahkamah Rayuan)
Parties
Appellant: Abdul Rahman bin Mohd; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
10 August 2020
Case Number
W-05(M)-3-01/2020 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Determination of Appeal (court of Appeal Judgment)
Outcome
appeal dismissed; conviction and sentence affirmed
Legal Topics
Possession, Trafficking, Chain of Custody, Presumptions of Trafficking, Photographic Evidence Admissibility, Capital Sentence
Source Language
Malay/English
Criminal Law Drug Offences Evidence Possession Trafficking Chain of Custody Presumptions of Trafficking Photographic Evidence Admissibility +1 more

Case Brief

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Parties

Abdul Rahman bin Mohd

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Determination of Appeal (court of Appeal Judgment)

Legal Issues

  1. 1 whether there was a break in the chain of custody of the drug exhibit
  2. 2 whether photographs were admissible despite non‑production of the police photographer
  3. 3 whether the appellant was in possession and had knowledge of the drugs

Ratio Decidendi

The Court held the conviction safe because (1) the chemist's unchallenged analysis and identification of a sealed packet preserved the integrity of the exhibit so any intermediate handling (Inspector Shogi) did not break the chain; (2) photographs were properly identified in court by officers with first‑hand knowledge so non‑production of the photographer did not make them inadmissible; (3) the appellant was found in actual possession and failed to rebut the presumption of trafficking under s37(da)(vi) given the 942g weight; (4) no evidence existed to trigger the s39B(2A) alternative sentencing discretion.

Court Disposition

appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction and death sentence affirmed by Court of Appeal