PENDAKWARAYA Pendakwaraya Ahmad Kamil bin Anuar

PENDAKWARAYA Pendakwaraya Ahmad Kamil bin Anuar

The prosecution established a prima facie case: chemical analysis confirmed 1522.8g Cannabis, chain of custody was intact, police evidence that keys found on accused were used to access the house and accused guided police to the premises justified inference of custody/control and knowledge under s37(d) ADB; defence...

Source-derived case information.

Citation
WA-45A-53-12/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Ahmad Kamil bin Anuar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 September 2020
Case Number
WA-45A-53-12/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial Judgment and Sentencing (decision on Prima Facie and Final Conviction)
Outcome
Accused convicted and sentenced to death
Legal Topics
Drug Trafficking, Possession, Statutory Presumption (s37(d)), Chain of Custody, Hostile Witness, Credibility Assessment
Criminal Law Drug Law Evidence Law Drug Trafficking Possession Statutory Presumption (s37(d)) Chain of Custody Hostile Witness +1 more

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Parties

Pendakwa Raya

Prosecutor

Ahmad Kamil bin Anuar

Accused

Procedural Posture

Criminal Drug Trafficking / Trial Judgment and Sentencing (decision on Prima Facie and Final Conviction)

Legal Issues

  1. 1 Whether prosecution proved prima facie possession and knowledge of dangerous drugs under s37(d) ADB
  2. 2 Whether accused was trafficking (mengedar) within meaning of s39B(1)(a) ADB
  3. 3 Admissibility and weight of evidence from hostile or inconsistent witnesses

Ratio Decidendi

The prosecution established a prima facie case: chemical analysis confirmed 1522.8g Cannabis, chain of custody was intact, police evidence that keys found on accused were used to access the house and accused guided police to the premises justified inference of custody/control and knowledge under s37(d) ADB; defence explanations were disbelieved or insufficient to raise reasonable doubt, and the quantity and paraphernalia supported trafficking under s39B(1)(a); accordingly accused was convicted and sentenced under s39B(2).

Court Disposition

Accused convicted and sentenced to death

Orders

  • Ahmad Kamil bin Anuar convicted under Section 39B(1)(a) Akta Dadah Berbahaya 1952 and sentenced to death pursuant to Section 39B(2) Akta Dadah Berbahaya 1952
  • Accused was called upon to enter defence and convicted following full trial (judgment delivered 4 December 2020)