[ ] Mathavan A/l Goondarsamy

[ ] Mathavan A/l Goondarsamy

Prosecution established identity and weight of the drug but failed to prove the essential elements of possession and knowledge by the accused because there was no evidential nexus showing control, handling or awareness of the hidden package; absence of those elements meant no prima facie case of trafficking existed, therefore the accused was discharged and not called to defend.

Citation
BA-45A-1-01/2020 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Defendant: Mathavan a/l Goondarsamy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 August 2022
Case Number
BA-45A-1-01/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (dangerous Drugs Act 1952) / End of Prosecution Case; Decision on Prima Facie
Outcome
Accused discharged and acquitted; no prima facie case; accused not called to enter defence
Legal Topics
Possession, Knowledge (mens Rea), Trafficking, Chain of Custody, Prima Facie Test, CCTV Evidence, Section 37(d) ADB 1952, Section 39 B(1)(a) ADB 1952
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Possession Knowledge (mens Rea) Trafficking Chain of Custody Prima Facie Test +3 more

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Parties

Public Prosecutor

Prosecution

Mathavan a/l Goondarsamy

Defendant

Procedural Posture

Criminal Drug Trafficking (dangerous Drugs Act 1952) / End of Prosecution Case; Decision on Prima Facie

Legal Issues

  1. 1 Whether the seized substance was identified as cannabis of the stated weight
  2. 2 Whether the prosecution proved possession (control and custody) by the accused
  3. 3 Whether the prosecution proved the accused had knowledge of the drug

Ratio Decidendi

Prosecution established identity and weight of the drug but failed to prove the essential elements of possession and knowledge by the accused because there was no evidential nexus showing control, handling or awareness of the hidden package; absence of those elements meant no prima facie case of trafficking existed, therefore the accused was discharged and not called to defend.

Court Disposition

Accused discharged and acquitted; no prima facie case; accused not called to enter defence

Orders

  • Accused discharged and acquitted
  • Accused not called to enter defence (no prima facie case)