[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHAMAD SHABUDIN BIN YUSOFF 2. ) AMIRUL ASRI BIN SHAARI 3. ) Sidinoazizi Bin Sidik (Dnaa) 4. ) Muhammad Nasrullah Bin Abdullah (Dnaa) 5. ) Syamim Syazni Bin Mohd Shasteri (Dnaa)

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHAMAD SHABUDIN BIN YUSOFF 2. ) AMIRUL ASRI BIN SHAARI 3. ) Sidinoazizi Bin Sidik (Dnaa) 4. ) Muhammad Nasrullah Bin Abdullah (Dnaa) 5. ) Syamim Syazni Bin Mohd Shasteri (Dnaa)

Prosecution proved beyond reasonable doubt that the defendants had possession and knowledge of 27,846.8g of cannabis such that the statutory presumption under s.37(da) ADB operated; credible AP and police evidence established nexus and common intention under s.34; defence failed to rebut the presumption or raise reasonable doubt; accordingly both accused convicted under s.39B(1)(a) read with s.39B(2) ADB and s.34 Penal Code and sentenced to life imprisonment and 15 strokes.

Citation
BA-45A-67-05/2021 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor (Pendakwa Raya); Accused: Mohamad Shabudin bin Yusoff; Accused: Amirul Asri bin Shaari
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 August 2024
Case Number
BA-45A-67-05/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal – Drug Trafficking (high Court) / Judgment (conviction and Sentencing)
Outcome
Both accused convicted and sentenced
Legal Topics
Drug Trafficking, Possession and Knowledge, Agent Provocateur Evidence, Common Intention (joint Liability), Presumption of Trafficking Under Statute, Chain of Custody, Sentencing (life Imprisonment and Caning)
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Drug Trafficking Possession and Knowledge Agent Provocateur Evidence Common Intention (joint Liability) Presumption of Trafficking Under Statute +2 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecution

Mohamad Shabudin bin Yusoff

Accused

Amirul Asri bin Shaari

Accused

Procedural Posture

Criminal – Drug Trafficking (high Court) / Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether prosecution proved possession and knowledge of cannabis beyond prima facie and beyond reasonable doubt
  2. 2 Whether statutory presumption under s.37(da) Dangerous Drugs Act 1952 operates (weight threshold)
  3. 3 Whether defendants acted with common intention under s.34 Penal Code

Ratio Decidendi

Prosecution proved beyond reasonable doubt that the defendants had possession and knowledge of 27,846.8g of cannabis such that the statutory presumption under s.37(da) ADB operated; credible AP and police evidence established nexus and common intention under s.34; defence failed to rebut the presumption or raise reasonable doubt; accordingly both accused convicted under s.39B(1)(a) read with s.39B(2) ADB and s.34 Penal Code and sentenced to life imprisonment and 15 strokes.

Court Disposition

Both accused convicted and sentenced

Orders

  • Each accused convicted under Section 39B(1)(a) read with Section 39B(2) Dangerous Drugs Act 1952 and Section 34 Penal Code
  • Each accused sentenced to imprisonment for life from date of arrest