Mahir Affandi Bin Mohamad [ ]

Mahir Affandi Bin Mohamad [ ]

Appellate court affirmed that possession and knowledge were proved because (1) a large quantity of methamphetamine was found in premises under appellant's control; (2) identical methamphetamine was found in appellant's personal sling bag creating a strong nexus; (3) appellant's conduct (nervousness) and failure to provide credible, contemporaneous explanations and to rebut the statutory presumption under s37(da) DDA supported knowledge; and (4) the chain of custody was continuous and intact despite a supervised one‑hour media interval, therefore conviction and sentences were affirmed.

Citation
A-05(H)-245-05/2024 (Mahkamah Rayuan)
Parties
Appellant: Mahir Affandi bin Mohamad; Respondent: Public Prosecutor
Court
H
Jurisdiction
Malaysia
Judgment Date
19 August 2025
Case Number
A-05(H)-245-05/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Possession With Knowledge, Trafficking, Chain of Custody, Wilful Blindness, Statutory Presumption Under S37(da) DDA
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Procedure Possession With Knowledge Trafficking Chain of Custody Wilful Blindness +1 more

Case Brief

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Parties

Mahir Affandi bin Mohamad

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether possession with knowledge was established given non‑exclusive access to the room
  2. 2 Whether there was a break in the chain of custody affecting integrity of exhibits
  3. 3 Whether the appellant rebutted statutory presumption under s37(da) DDA

Ratio Decidendi

Appellate court affirmed that possession and knowledge were proved because (1) a large quantity of methamphetamine was found in premises under appellant's control; (2) identical methamphetamine was found in appellant's personal sling bag creating a strong nexus; (3) appellant's conduct (nervousness) and failure to provide credible, contemporaneous explanations and to rebut the statutory presumption under s37(da) DDA supported knowledge; and (4) the chain of custody was continuous and intact despite a supervised one‑hour media interval, therefore conviction and sentences were affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • Appeal dismissed
  • Conviction and sentence of the High Court affirmed