PENDAKWARAYA Imran bin Ismail

PENDAKWARAYA Imran bin Ismail

Prosecution proved identity and weight of drugs (2,393g methamphetamine) and eyewitnesses established accused had custody and control of the bag; accused's conduct (throwing bag, attempt to flee, nervousness) permitted inference of knowledge; possession established triggered statutory presumption of trafficking under s37(da)(xvi) which accused failed to rebut on balance of probabilities; accordingly conviction under s39B(1)(a) is proper; statutory conditions for imposing life imprisonment under s39B(2A) were not satisfied conjunctively, leaving death by hanging under s39B(2) as the mandatory sentence.

Citation
45A-58-12/2017 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Imran bin Ismail
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 January 2020
Case Number
45A-58-12/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial Conviction and Sentencing
Outcome
Accused convicted under section 39B(1)(a) of the Dangerous Drugs Act 1952 and sentenced to death by hanging under section 39B(2)
Legal Topics
Drug Trafficking, Possession, Statutory Presumption (s37/37(da)), Prima Facie and Burden of Proof, Sentencing Discretion Under S39 B(2)/(2 A), Double Presumption Rule
Source Language
Malay/English
Criminal Law Drugs and Narcotics Evidence Drug Trafficking Possession Statutory Presumption (s37/37(da)) Prima Facie and Burden of Proof Sentencing Discretion Under S39 B(2)/(2 A) +1 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Imran bin Ismail

Accused

Procedural Posture

Criminal Drug Trafficking / Trial Conviction and Sentencing

Legal Issues

  1. 1 Whether prosecution proved prima facie case and beyond reasonable doubt
  2. 2 Whether accused had possession and knowledge of the drugs
  3. 3 Whether statutory presumption of trafficking under s37(da)(xvi) applied

Ratio Decidendi

Prosecution proved identity and weight of drugs (2,393g methamphetamine) and eyewitnesses established accused had custody and control of the bag; accused's conduct (throwing bag, attempt to flee, nervousness) permitted inference of knowledge; possession established triggered statutory presumption of trafficking under s37(da)(xvi) which accused failed to rebut on balance of probabilities; accordingly conviction under s39B(1)(a) is proper; statutory conditions for imposing life imprisonment under s39B(2A) were not satisfied conjunctively, leaving death by hanging under s39B(2) as the mandatory sentence.

Court Disposition

Accused convicted under section 39B(1)(a) of the Dangerous Drugs Act 1952 and sentenced to death by hanging under section 39B(2)

Orders

  • Accused Imran bin Ismail convicted under section 39B(1)(a) Dangerous Drugs Act 1952
  • Accused sentenced to death by hanging under section 39B(2) Dangerous Drugs Act 1952