FATEMEH ANSARI MOOSA

FATEMEH ANSARI MOOSA

The Court affirmed the trial judge's finding that the prosecution proved possession with knowledge and elements of trafficking under the Dangerous Drugs Act 1952; the trial judge properly rejected the innocent carrier defence after assessing credibility and facts, and there was no misdirection or error warranting appellate interference, therefore conviction and death sentence were affirmed.

Citation
B-05(M)-579-12/2017 (Mahkamah Rayuan)
Parties
Appellant: Fatemeh Ansari Moosa; Respondent: Public Prosecutor; Co Accused (acquitted): Ansari Moosa Mohammad Rouhani Ghasem
Court
M
Jurisdiction
Malaysia
Judgment Date
25 October 2018
Case Number
B-05(M)-579-12/2017 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (drug Trafficking) / Court of Appeal Judgment on Appeal From High Court Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Drug Trafficking, Innocent Carrier Defence, Possession With Knowledge, Appellate Review of Findings of Fact, Presumptions Under Dangerous Drugs Act 1952
Source Language
Malay/English
Criminal Law Narcotics/drugs Law Evidence Drug Trafficking Innocent Carrier Defence Possession With Knowledge Appellate Review of Findings of Fact Presumptions Under Dangerous Drugs Act 1952

Case Brief

Summary, issues, holding and outcome

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Parties

Fatemeh Ansari Moosa

Appellant

Public Prosecutor

Respondent

Ansari Moosa Mohammad Rouhani Ghasem

Co Accused (acquitted)

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant committed trafficking of methamphetamine under s.39B(1)(a) Dangerous Drugs Act 1952
  2. 2 Whether the innocent carrier defence raised a reasonable doubt
  3. 3 Whether the trial judge misdirected or erred in assessing credibility and in relation to failure to investigate alleged third parties

Ratio Decidendi

The Court affirmed the trial judge's finding that the prosecution proved possession with knowledge and elements of trafficking under the Dangerous Drugs Act 1952; the trial judge properly rejected the innocent carrier defence after assessing credibility and facts, and there was no misdirection or error warranting appellate interference, therefore conviction and death sentence were affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction and sentence of death by hanging under s.39B(2) Dangerous Drugs Act 1952 affirmed