1. AZADEGAN GOLARA (W/IRAN) NO. PASSPORT: V20109980 2. ABBASZADEHAGHDAHLOO SHOLEH (W/IRAN) NO. PASSPORT: V20109917

1. AZADEGAN GOLARA (W/IRAN) NO. PASSPORT: V20109980 2. ABBASZADEHAGHDAHLOO SHOLEH (W/IRAN) NO. PASSPORT: V20109917

The Court found the prosecution proved knowledge and trafficking on the evidence (large concealed quantities, conduct, DNA, travel circumstances); even though the trial judge did not invoke the statutory presumption under s37(da), the material facts independently established the elements of the offences and the...

Source-derived case information.

Citation
B-05(M)-114-03/2017 (Mahkamah Rayuan)
Parties
Appellant: Azadegan Golara; Appellant: Abbaszadehaghdahloo Sholeh; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
10 July 2019
Case Number
B-05(M)-114-03/2017 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (drug Trafficking) / Appeal to Court of Appeal Against High Court Conviction and Death Sentence
Outcome
Appeals dismissed; High Court convictions and death sentences upheld
Legal Topics
Trafficking, Possession, Statutory Presumption, Burden of Proof, Wilful Blindness
Criminal Law Drug Law Trafficking Possession Statutory Presumption Burden of Proof Wilful Blindness

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Parties

Azadegan Golara

Appellant

Abbaszadehaghdahloo Sholeh

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (drug Trafficking) / Appeal to Court of Appeal Against High Court Conviction and Death Sentence

  1. 1 Whether appellants had knowledge/possession of the drugs found in their baggage
  2. 2 Whether the statutory presumption under section 37(da) of the Dangerous Drugs Act 1952 applied and was properly invoked
  3. 3 Whether prosecution proved trafficking (purpose) beyond reasonable doubt or on balance where presumption applies

Ratio Decidendi

The Court found the prosecution proved knowledge and trafficking on the evidence (large concealed quantities, conduct, DNA, travel circumstances); even though the trial judge did not invoke the statutory presumption under s37(da), the material facts independently established the elements of the offences and the appellants' explanations failed to raise reasonable doubt; appeals dismissed and convictions and death sentences upheld.

Court Disposition

Appeals dismissed; High Court convictions and death sentences upheld

Orders

  • Appeals dismissed
  • Convictions and death sentences of both appellants upheld