Babar Ali (W/n Pakistan)

Babar Ali (W/n Pakistan)

Duress was not established on the balance of probabilities because threats were not evidenced in phone forensics, appellant's account was inconsistent and improbable and physical evidence showed prior planning; possession and trafficking were established beyond reasonable doubt and statutory presumptions applied; therefore conviction and death sentence under s39B DDA were affirmed.

Citation
B-05(M)-301-06/2018 (Mahkamah Rayuan)
Parties
Appellant: Babar Ali; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
19 November 2019
Case Number
B-05(M)-301-06/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (drug Trafficking) / Court of Appeal Judgment on Appeal From High Court; Appeal Dismissed and Conviction and Sentence Affirmed
Outcome
Appeal dismissed; conviction and death sentence affirmed
Legal Topics
Duress Defence, Possession, Trafficking, Statutory Presumption of Possession (dda), Burden of Proof, Death Penalty Sentencing
Source Language
Malay/English
Criminal Law Narcotics / Drug Law Evidence Criminal Procedure Duress Defence Possession Trafficking Statutory Presumption of Possession (dda) +2 more

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Parties

Babar Ali

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal (drug Trafficking) / Court of Appeal Judgment on Appeal From High Court; Appeal Dismissed and Conviction and Sentence Affirmed

Legal Issues

  1. 1 Whether the defence of duress was proved on the balance of probabilities
  2. 2 Whether the High Court judgment was non-speaking or contained serious misdirection
  3. 3 Whether prosecution proved possession and trafficking beyond reasonable doubt

Ratio Decidendi

Duress was not established on the balance of probabilities because threats were not evidenced in phone forensics, appellant's account was inconsistent and improbable and physical evidence showed prior planning; possession and trafficking were established beyond reasonable doubt and statutory presumptions applied; therefore conviction and death sentence under s39B DDA were affirmed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed

Orders

  • Appeal dismissed
  • Conviction under s39B(1)(a) DDA and sentence under s39B(2) DDA (death) affirmed