Francis Nwankwo Okechukwu [Jabatan Peguam Negara]

Francis Nwankwo Okechukwu [Jabatan Peguam Negara]

The Court of Appeal held the trial judge did not err: the prosecution proved custody and control because the drugs were in open bags visible and emitting smell in the room where the appellant was alone, the presumption under s.37(d) DDA applied until rebutted, the defence failed to raise a reasonable doubt or provide material particulars/witnesses necessary to undermine the narrative, and the trial judge complied with s.182A CPC; therefore convictions and sentences were safe and affirmed.

Citation
B-05(M)-631-12/2019 (Mahkamah Rayuan)
Parties
Appellant: Francis Okechukwu Nwankwo; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
31 March 2022
Case Number
B-05(M)-631-12/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed; convictions and sentences of the High Court affirmed
Legal Topics
Possession, Custody and Control, Presumption of Knowledge S.37(d) DDA, Application of S.182 a CPC, Alibi, Non Calling of Witnesses, Sentencing (death Penalty)
Source Language
Malay/English
Criminal Law Narcotics/drugs Law Evidence Law Appellate Review Possession Custody and Control Presumption of Knowledge S.37(d) DDA Application of S.182 a CPC +3 more

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Parties

Francis Okechukwu Nwankwo

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether custody and control of the seized drugs were proven against the appellant
  2. 2 Whether the presumption of knowledge under s.37(d) Dangerous Drugs Act applied
  3. 3 Whether the trial judge failed to evaluate all evidence as required by s.182A CPC warranting appellate interference

Ratio Decidendi

The Court of Appeal held the trial judge did not err: the prosecution proved custody and control because the drugs were in open bags visible and emitting smell in the room where the appellant was alone, the presumption under s.37(d) DDA applied until rebutted, the defence failed to raise a reasonable doubt or provide material particulars/witnesses necessary to undermine the narrative, and the trial judge complied with s.182A CPC; therefore convictions and sentences were safe and affirmed.

Court Disposition

Appeal dismissed; convictions and sentences of the High Court affirmed

Orders

  • Appeal dismissed
  • Convictions on both charges affirmed