AKAHIMO / AKANIMO

AKAHIMO / AKANIMO

The Court held the prosecution proved beyond reasonable doubt that the appellant had possession and knowledge of 24,753 grams of methamphetamine and the presumption under s37(da) DDA operated; the appellant failed to rebut that presumption on the balance of probabilities; explanations regarding chain of custody and replacement of a worn box were satisfactory; CCTV was corroborative and not essential; trial findings were not plainly wrong; appeal dismissed and conviction and sentence affirmed.

Citation
B-05(SH)-313-06/2024 (Mahkamah Rayuan)
Parties
Appellant: Akahimo / Akanimo; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
19 June 2025
Case Number
B-05(SH)-313-06/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Drug Trafficking Appeal / Final Disposal by Court of Appeal (decided)
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Possession and Control, Presumption of Trafficking (s37(da) Dda), Chain of Custody of Exhibits, Admissibility and Evidential Weight of CCTV, Section 114(g) Evidence Act Inference, Sentencing Under S39 B DDA
Source Language
Malay/English
Criminal Law Evidence Drugs Law Procedure Possession and Control Presumption of Trafficking (s37(da) Dda) Chain of Custody of Exhibits Admissibility and Evidential Weight of CCTV +2 more

Case Brief

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Parties

Akahimo / Akanimo

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Drug Trafficking Appeal / Final Disposal by Court of Appeal (decided)

Legal Issues

  1. 1 Whether prosecution proved possession, control and knowledge of the drugs beyond reasonable doubt
  2. 2 Whether the presumption under s37(da) Dangerous Drugs Act applied and was rebutted
  3. 3 Whether there was a break in chain of custody affecting identity of exhibits

Ratio Decidendi

The Court held the prosecution proved beyond reasonable doubt that the appellant had possession and knowledge of 24,753 grams of methamphetamine and the presumption under s37(da) DDA operated; the appellant failed to rebut that presumption on the balance of probabilities; explanations regarding chain of custody and replacement of a worn box were satisfactory; CCTV was corroborative and not essential; trial findings were not plainly wrong; appeal dismissed and conviction and sentence affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal against conviction and sentence dismissed
  • Conviction for trafficking methamphetamine (net weight 24,753 grams) and sentence of life imprisonment (treated as 30 years) from date of arrest 24 May 2022 and 16 strokes of whipping confirmed