[ ] Mbah Emmanuel Leo Arinse

[ ] Mbah Emmanuel Leo Arinse

The court accepted the chemist's identification and measured weights, found the accused had physical control and knowledge of the drugs from proximity, circumstances and conduct, and held that statutory presumption under s37(da) ADB 1952 applied given weights exceeded statutory thresholds; the defence account was an afterthought and failed to raise reasonable doubt, therefore the prosecution proved guilt beyond reasonable doubt for both counts and the mandatory sentence was death by hanging under applicable provisions.

Citation
BA-45A-11-03/2020 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Mbah Emmanuel Leo Arinse
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 July 2022
Case Number
BA-45A-11-03/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal: Drug Trafficking / Judgment (trial Concluded)
Outcome
Convicted on both counts and sentenced to death
Legal Topics
Trafficking, Possession, Statutory Presumption, Chain of Custody, Prima Facie, Sentencing Death Penalty
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Trafficking Possession Statutory Presumption Chain of Custody Prima Facie +1 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 6 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Mbah Emmanuel Leo Arinse

Defendant

Procedural Posture

Criminal: Drug Trafficking / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the prosecution proved identity and quantity of the drugs
  2. 2 Whether the accused had possession (physical control) of the drugs
  3. 3 Whether the accused had knowledge (mens rea) of the drugs

Ratio Decidendi

The court accepted the chemist's identification and measured weights, found the accused had physical control and knowledge of the drugs from proximity, circumstances and conduct, and held that statutory presumption under s37(da) ADB 1952 applied given weights exceeded statutory thresholds; the defence account was an afterthought and failed to raise reasonable doubt, therefore the prosecution proved guilt beyond reasonable doubt for both counts and the mandatory sentence was death by hanging under applicable provisions.

Court Disposition

Convicted on both counts and sentenced to death

Orders

  • Convicted of trafficking Methamphetamine (384.7 grams) under s39B(1)(a) Akta Dadah Berbahaya 1952
  • Convicted of trafficking 3,4-Methylenedioxymethamphetamine (MDMA) (214.65 grams) under s39B(1)(a) Akta Dadah Berbahaya 1952