PENDAKWARAYA Pendakwaraya Saifullah bin Zainal

PENDAKWARAYA Pendakwaraya Saifullah bin Zainal

The prosecution proved beyond reasonable doubt that the accused committed trafficking under s39B by eyewitness police testimony of disposal and recovery of the bag at the scene, preserved markings and immediate handover to investigators, supported by chemist analysis of the recovered substances and weights; defence...

Source-derived case information.

Citation
PA-45A-19-03/2018 & PA-45A-20-03/2018 (Mahkamah Tinggi)
Parties
Accused: Saifullah bin Zainal; Prosecution: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 November 2019
Case Number
PA-45A-19-03/2018 & PA-45A-20-03/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Offences / Judgment and Sentencing at High Court
Outcome
Accused convicted of drug trafficking under s39B(1)(a)/39B(2) and sentenced to death; convicted on related possession charges under s6 and s12(3) and sentenced to concurrent imprisonment.
Legal Topics
Drug Trafficking, Possession, Chain of Custody, Burden of Proof, Prima Facie Test, Reasonable Doubt, Capital Sentence, Interested Witness
Criminal Law Drug Offences Evidence Sentencing Drug Trafficking Possession Chain of Custody Burden of Proof +4 more

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Summary, issues, holding and outcome

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Parties

Saifullah bin Zainal

Accused

Public Prosecutor

Prosecution

Procedural Posture

Criminal Trial Drug Offences / Judgment and Sentencing at High Court

Legal Issues

  1. 1 Whether prosecution proved prima facie and then beyond reasonable doubt that the accused trafficked dangerous drugs under s39B
  2. 2 Whether the recovered exhibits were the same items analysed by the chemist (chain of custody)
  3. 3 Whether the accused had possession of the drugs or whether they belonged to an unidentified rider

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused committed trafficking under s39B by eyewitness police testimony of disposal and recovery of the bag at the scene, preserved markings and immediate handover to investigators, supported by chemist analysis of the recovered substances and weights; defence explanations did not raise a reasonable doubt and s39B(2A) exception did not apply, warranting conviction and capital sentence under s39B(2).

Court Disposition

Accused convicted of drug trafficking under s39B(1)(a)/39B(2) and sentenced to death; convicted on related possession charges under s6 and s12(3) and sentenced to concurrent imprisonment.

Orders

  • Sentenced to death for offence under Section 39B(1)(a) read with Section 39B(2) of the Dangerous Drugs Act 1952
  • Sentenced to 2 years imprisonment for offence under Section 6 of the Dangerous Drugs Act 1952, to run concurrently from date of arrest 15.8.2017