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Convictions upheld because prosecution proved possession and identity of methamphetamine beyond reasonable doubt with an unbroken chain of custody and reliable chemist evidence; knowledge inferred from custody, circumstances and conduct; statutory presumption of trafficking applied because weight exceeded threshold and was not rebutted; subsection 39B(2A) could not be invoked because mandatory limb (d) (assistance to enforcement) was not satisfied, so death sentences were affirmed by majority.

Citation
Q-05(M)-364-09/2020 (Mahkamah Rayuan)
Parties
Appellant: Junaidi Bin Berimang; Appellant: Riko Dwi Yanto; Respondent: Public Prosecutor; Co Accused: Napi Bin Sibu; Co Accused: Buhairi Bin Napi; Co Accused: Karni Bin Bujang
Court
M
Jurisdiction
Malaysia
Judgment Date
25 October 2021
Case Number
Q-05(M)-364-09/2020 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Determination on Conviction and Sentence
Outcome
Appeals on conviction dismissed and convictions of appellants affirmed; sentence affirmed by majority (death); one dissenting judge would have imposed life imprisonment and 15 strokes.
Legal Topics
Trafficking of Dangerous Drugs, Chain of Custody, Chemical Analysis of Seized Drugs, Presumption of Trafficking Under Statute, Mandatory Death Penalty and Statutory Discretion S39 B(2 A)
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Forensic Science Sentencing Law Trafficking of Dangerous Drugs Chain of Custody Chemical Analysis of Seized Drugs +2 more

Case Brief

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Parties

Junaidi Bin Berimang

Appellant

Riko Dwi Yanto

Appellant

Public Prosecutor

Respondent

Napi Bin Sibu

Co Accused

Buhairi Bin Napi

Co Accused

Karni Bin Bujang

Co Accused

Procedural Posture

Criminal Appeal / Court of Appeal Determination on Conviction and Sentence

Legal Issues

  1. 1 Whether there was a break in the chain of custody undermining identification of exhibits
  2. 2 Whether the chemical analysis established the seized substance was methamphetamine
  3. 3 Whether appellants had knowledge of the drugs in their possession

Ratio Decidendi

Convictions upheld because prosecution proved possession and identity of methamphetamine beyond reasonable doubt with an unbroken chain of custody and reliable chemist evidence; knowledge inferred from custody, circumstances and conduct; statutory presumption of trafficking applied because weight exceeded threshold and was not rebutted; subsection 39B(2A) could not be invoked because mandatory limb (d) (assistance to enforcement) was not satisfied, so death sentences were affirmed by majority.

Court Disposition

Appeals on conviction dismissed and convictions of appellants affirmed; sentence affirmed by majority (death); one dissenting judge would have imposed life imprisonment and 15 strokes.