XXXX [ ]

XXXX [ ]

The Court held that there was no break in the chain of custody: investigating officer markings, chemists' receipt and oral testimony established identity of the seized drugs; discrepancies in descriptions and wax-seal wording were immaterial and explicable; chemists homogenized samples prior to analysis and results established methamphetamine of the stated weights; appellants' knowledge was reasonably inferred from possession, conduct and circumstances; the presumption of trafficking under s37(da) applied and was not rebutted; subsection 39B(2A) could not be applied because the mandatory conjunctive limb (d) (assistance to enforcement to disrupt trafficking) was not satisfied, therefore...

Citation
Q-05(M)-360-09/2020 (Mahkamah Rayuan)
Parties
Appellant: Junaidi Bin Berimang; Appellant: Riko Dwi Yanto; Respondent: Public Prosecutor; Co Accused (acquitted): Karni Bin Bujang; Co Accused (acquitted): Buhairi Bin Napi; Co Accused (acquitted): Napi Bin Sibu
Court
M
Jurisdiction
Malaysia
Judgment Date
25 October 2021
Case Number
Q-05(M)-360-09/2020 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Judgment at Court of Appeal (full Bench)
Outcome
Appeals dismissed; convictions affirmed; death sentences affirmed by majority (two judges) with one judge dissenting on sentence
Legal Topics
Drug Trafficking, Chain of Custody, Forensic Analysis, Presumption of Trafficking Under Dangerous Drugs Act, Innocent Carrier, Sentencing Discretion Under S39 B(2 A), Evidential Inference From Conduct, Interpretation of Statutory Pre Conditions, Standard of Proof
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Drug Trafficking Chain of Custody Forensic Analysis Presumption of Trafficking Under Dangerous Drugs Act Innocent Carrier +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Junaidi Bin Berimang

Appellant

Riko Dwi Yanto

Appellant

Public Prosecutor

Respondent

Karni Bin Bujang

Co Accused (acquitted)

Buhairi Bin Napi

Co Accused (acquitted)

Napi Bin Sibu

Co Accused (acquitted)

Procedural Posture

Criminal Appeal / Judgment at Court of Appeal (full Bench)

Legal Issues

  1. 1 Whether there was a break in the chain of custody between seizure and chemical analysis
  2. 2 Whether the seized crystalline substance analysed by the chemist was the same as that seized at the checkpoint
  3. 3 Whether appellants had knowledge of the presence of drugs in the bags they carried

Ratio Decidendi

The Court held that there was no break in the chain of custody: investigating officer markings, chemists' receipt and oral testimony established identity of the seized drugs; discrepancies in descriptions and wax-seal wording were immaterial and explicable; chemists homogenized samples prior to analysis and results established methamphetamine of the stated weights; appellants' knowledge was reasonably inferred from possession, conduct and circumstances; the presumption of trafficking under s37(da) applied and was not rebutted; subsection 39B(2A) could not be applied because the mandatory conjunctive limb (d) (assistance to enforcement to disrupt trafficking) was not satisfied, therefore...

Court Disposition

Appeals dismissed; convictions affirmed; death sentences affirmed by majority (two judges) with one judge dissenting on sentence

Orders

  • Appeals by Junaidi Bin Berimang and Riko Dwi Yanto dismissed
  • Convictions for trafficking affirmed for Junaidi Bin Berimang and Riko Dwi Yanto