1. ) FAUZI BIN YAHYA 2. ) KHAIRUL AZMI BIN MD NOH

1. ) FAUZI BIN YAHYA 2. ) KHAIRUL AZMI BIN MD NOH

The Court found prosecution proved beyond reasonable doubt the identity and quantities of the drugs, established a continuous chain of custody and a sale negotiated with the agent provocateur, and proved participation of both appellants with a common intention under s34 Penal Code; AP evidence was admissible and credible, defence was mere denial, therefore convictions and death sentences were upheld.

Citation
K-05(M)-193-04/2018 & K-05(M)-194-04/2018 (Mahkamah Rayuan)
Parties
Appellant: Fauzi bin Yahya; Appellant: Khairul Azmi bin Md Noh; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
5 January 2021
Case Number
K-05(M)-193-04/2018 & K-05(M)-194-04/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (drug Trafficking) / Hearing and Judgment on Appeal
Outcome
Appeals dismissed; convictions and sentences affirmed.
Legal Topics
Trafficking, Possession, Common Intention (s34), Agent Provocateur Evidence, Chain of Custody
Source Language
Malay/English
Criminal Law Drugs Law Evidence Appeal Trafficking Possession Common Intention (s34) Agent Provocateur Evidence +1 more

Case Brief

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Parties

Fauzi bin Yahya

Appellant

Khairul Azmi bin Md Noh

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (drug Trafficking) / Hearing and Judgment on Appeal

Legal Issues

  1. 1 Identity and continuity of exhibits
  2. 2 Whether appellants transported or had possession/control of the drugs
  3. 3 Whether a sale/transaction was proved (proving trafficking under s2 and s39B ADB 1952)

Ratio Decidendi

The Court found prosecution proved beyond reasonable doubt the identity and quantities of the drugs, established a continuous chain of custody and a sale negotiated with the agent provocateur, and proved participation of both appellants with a common intention under s34 Penal Code; AP evidence was admissible and credible, defence was mere denial, therefore convictions and death sentences were upheld.

Court Disposition

Appeals dismissed; convictions and sentences affirmed.

Orders

  • Appeals dismissed
  • Convictions on both counts affirmed