ABDULLAH FUAD MAREAI AL KATHERI [Timbalan (TPR), Jabatan Peguam Negara]

ABDULLAH FUAD MAREAI AL KATHERI [Timbalan (TPR), Jabatan Peguam Negara]

The Court held the prosecution proved all essential ingredients: cannabis of 208.2g was found; the accused, while in custody, led police to his rented unit and handed the aluminium container containing the drugs to the officer thereby supplying information and conduct that led to discovery under Section 27; custody,...

Source-derived case information.

Citation
W-05(SH)-234-05/2024 (Mahkamah Rayuan)
Parties
Appellant: Abdullah Fuad Mareai Al Katheri; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
2 July 2025
Case Number
W-05(SH)-234-05/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed; conviction and sentence of High Court affirmed.
Legal Topics
Possession, Trafficking, Section 27 Evidence Act (information Leading to Discovery), Prima Facie Test, Presumption of Trafficking Under DDA, Definition of Possession, Caution and Voluntariness
Criminal Law Drug Offences Evidence Law Appellate Procedure Possession Trafficking Section 27 Evidence Act (information Leading to Discovery) Prima Facie Test +3 more

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Summary, issues, holding and outcome

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Parties

Abdullah Fuad Mareai Al Katheri

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether possession (custody, control and knowledge) of cannabis was proven against the accused
  2. 2 Whether information given by the accused admissible under Section 27 Evidence Act (information leading to discovery)
  3. 3 Whether alleged shared access by girlfriend undermines exclusive possession inference

Ratio Decidendi

The Court held the prosecution proved all essential ingredients: cannabis of 208.2g was found; the accused, while in custody, led police to his rented unit and handed the aluminium container containing the drugs to the officer thereby supplying information and conduct that led to discovery under Section 27; custody, control and knowledge were established and the statutory presumption of trafficking applied; the accused failed to rebut or raise reasonable doubt; Section 27 admission was proper on these facts; appeal dismissed and conviction and sentence affirmed.

Court Disposition

Appeal dismissed; conviction and sentence of High Court affirmed.

Orders

  • Appeal dismissed and the High Court conviction and sentence are affirmed.
  • Conviction and sentence affirmed: life imprisonment for 30 years from 9.4.2021 and 12 strokes of the rotan (as imposed by High Court).