BAVITHRAN A/L PARAMASIVAN [ ]

BAVITHRAN A/L PARAMASIVAN [ ]

Appellate court affirmed that prosecution proved beyond reasonable doubt that appellant had custody and control of the vehicle and drugs, statutory presumption of trafficking was triggered by large quantities and was not rebutted on the balance of probabilities because the Alcontara notice was vague, alternative access by others was not substantiated, police evidence was consistent and credible, and appellant's attempt to flee supported inference of knowledge; therefore convictions and death sentences for three trafficking charges are upheld.

Citation
J-05(M)-206-05/2021 (Mahkamah Rayuan)
Parties
Appellant: Bavithran a/l Paramasivan; Respondent: Pendakwa Raya (Public Prosecutor)
Court
M
Jurisdiction
Malaysia
Judgment Date
12 July 2022
Case Number
J-05(M)-206-05/2021 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (drug Trafficking) / Court of Appeal Judgment on Appeal From High Court Conviction and Sentence
Outcome
Appeal dismissed; convictions and sentences affirmed
Legal Topics
Drug Trafficking, Possession, Statutory Presumption of Trafficking, Alcontara Notice, Adverse Inference, Conduct as Evidence, Chain of Custody, Section 182 a CPC Review
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Appellate Review Drug Trafficking Possession Statutory Presumption of Trafficking Alcontara Notice +4 more

Case Brief

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Parties

Bavithran a/l Paramasivan

Appellant

Pendakwa Raya (Public Prosecutor)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether appellant was in possession of the drugs found in the vehicle
  2. 2 Whether statutory presumption of trafficking under s.37(da) DDA was rebutted on balance of probabilities
  3. 3 Whether the Alcontara notice regarding 'Fong' was sufficient to trigger prosecution duty to investigate

Ratio Decidendi

Appellate court affirmed that prosecution proved beyond reasonable doubt that appellant had custody and control of the vehicle and drugs, statutory presumption of trafficking was triggered by large quantities and was not rebutted on the balance of probabilities because the Alcontara notice was vague, alternative access by others was not substantiated, police evidence was consistent and credible, and appellant's attempt to flee supported inference of knowledge; therefore convictions and death sentences for three trafficking charges are upheld.

Court Disposition

Appeal dismissed; convictions and sentences affirmed

Orders

  • Appeal dismissed
  • Convictions on three counts of drug trafficking affirmed