AMRAN BIN IBRAHIM

AMRAN BIN IBRAHIM

Where credible eyewitnesses saw the appellant discard a bag which was subsequently recovered and found by chemical analysis to contain controlled drugs, and the chain of custody remained unbroken, the evidence established a prima facie case of possession and knowledge; the trial judge correctly convicted and the...

Source-derived case information.

Citation
DA-42S-3-03/2020 (Mahkamah Tinggi)
Parties
Appellant: Amran bin Ibrahim; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 October 2021
Case Number
DA-42S-3-03/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (drug Offences) / High Court Judgment on Appeal From Sessions Court Conviction
Outcome
Appeal dismissed; convictions and sentences upheld
Legal Topics
Possession, Knowledge of Possession, Circumstantial Evidence, Chain of Custody, Prima Facie Case, Burden of Proof, Sentencing
Criminal Law Drug Offences Evidence Procedural Law Possession Knowledge of Possession Circumstantial Evidence Chain of Custody +3 more

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Parties

Amran bin Ibrahim

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (drug Offences) / High Court Judgment on Appeal From Sessions Court Conviction

Legal Issues

  1. 1 Whether prosecution proved a prima facie case
  2. 2 Whether the black bag (P4) was thrown by the appellant
  3. 3 Whether appellant had control and possession of the bag

Ratio Decidendi

Where credible eyewitnesses saw the appellant discard a bag which was subsequently recovered and found by chemical analysis to contain controlled drugs, and the chain of custody remained unbroken, the evidence established a prima facie case of possession and knowledge; the trial judge correctly convicted and the High Court will not interfere absent demonstrable legal or factual error.

Court Disposition

Appeal dismissed; convictions and sentences upheld

Orders

  • Appeal dismissed
  • Convictions on three counts affirmed