ARIFF ARHANNAN BIN CHE UDIN

ARIFF ARHANNAN BIN CHE UDIN

Where credible evidence establishes affirmative possession with knowledge, the trial court must invoke the s37(da) presumption of trafficking; the appellant's conduct of handing the bag was not a 'statement' under s37B and was admissible as conduct relevant to knowledge; appellant failed to rebut the presumption on the balance of probabilities so conviction and sentence are affirmed.

Citation
05(M)-22-02/2020(N) (Mahkamah Persekutuan)
Parties
Appellant: Ariff Arhannan bin Che Udin; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
11 March 2022
Case Number
05(M)-22-02/2020(N) (Mahkamah Persekutuan)
Procedural Posture
Criminal Appeal / Federal Court Judgment on Appeal From High Court and Court of Appeal
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Statutory Presumption of Trafficking, Possession and Knowledge, Admissibility of Conduct as Statement, Caution Under S37 B DDA, Harmonious Construction of Statutes
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedure Statutory Presumption of Trafficking Possession and Knowledge Admissibility of Conduct as Statement Caution Under S37 B DDA +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 23 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Ariff Arhannan bin Che Udin

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Federal Court Judgment on Appeal From High Court and Court of Appeal

Legal Issues

  1. 1 Whether the statutory presumption of trafficking under s37(da) DDA applied once possession with knowledge was proved
  2. 2 Whether the appellant's conduct of handing a bag to police amounted to a 'statement' under s37B DDA requiring a caution before admission
  3. 3 Whether the trial judge failed to conduct maximum evaluation of prosecution evidence

Ratio Decidendi

Where credible evidence establishes affirmative possession with knowledge, the trial court must invoke the s37(da) presumption of trafficking; the appellant's conduct of handing the bag was not a 'statement' under s37B and was admissible as conduct relevant to knowledge; appellant failed to rebut the presumption on the balance of probabilities so conviction and sentence are affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction and sentence affirmed (death sentence for trafficking on first charge; 3 years imprisonment for second charge affirmed)