JAZLIE BIN JAAFAR

JAZLIE BIN JAAFAR

Section 36 of the Dangerous Drugs Act applies to proceedings under the Act including where the prosecution relies on s37(da); therefore prosecution need only prove possession and the statutory minimum weight to trigger the presumption under s37(da), and the burden to prove lawful authority rests on the accused; the trial judge correctly invoked s37(da) after factual findings of possession and weight; convictions and death sentences affirmed.

Citation
05-79-04/2017(W) & 05-78-04/2017(W) (Mahkamah Persekutuan)
Parties
Appellant: Jazlie bin Jaafar; Respondent (prosecution): Pendakwa Raya
Court
W
Jurisdiction
Malaysia
Judgment Date
20 November 2019
Case Number
05-79-04/2017(W) & 05-78-04/2017(W) (Mahkamah Persekutuan)
Procedural Posture
Criminal Appeal for Trafficking in Dangerous Drugs Under the Dangerous Drugs Act 1952 Involving Death Sentences / Final Appeal to the Federal Court — Judgment on Appeal
Outcome
Appeal dismissed; convictions and death sentences on both counts affirmed
Legal Topics
Presumption of Trafficking, Burden of Proof, Statutory Exceptions, Possession Element, Section 36 DDA, Section 37(da) DDA, Trafficking (section 39 B), Death Penalty
Source Language
Malay/English
Criminal Law Drugs/narcotics Law Evidence Law Presumption of Trafficking Burden of Proof Statutory Exceptions Possession Element Section 36 DDA +3 more

Case Brief

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Parties

Jazlie bin Jaafar

Appellant

Pendakwa Raya

Respondent (prosecution)

Procedural Posture

Criminal Appeal for Trafficking in Dangerous Drugs Under the Dangerous Drugs Act 1952 Involving Death Sentences / Final Appeal to the Federal Court — Judgment on Appeal

Legal Issues

  1. 1 Whether section 36 of the Dangerous Drugs Act 1952 applies to proceedings where the prosecution relies on the presumption in section 37(da)
  2. 2 Whether the prosecution must negative by evidence any licence, authority or authorization to rebut the presumption under section 37(da)
  3. 3 What constitutes sufficient proof to invoke section 37(da) — required finding of possession and statutory minimum weight

Ratio Decidendi

Section 36 of the Dangerous Drugs Act applies to proceedings under the Act including where the prosecution relies on s37(da); therefore prosecution need only prove possession and the statutory minimum weight to trigger the presumption under s37(da), and the burden to prove lawful authority rests on the accused; the trial judge correctly invoked s37(da) after factual findings of possession and weight; convictions and death sentences affirmed.

Court Disposition

Appeal dismissed; convictions and death sentences on both counts affirmed

Orders

  • Appeals dismissed
  • Convictions and death sentences on both charges affirmed