[ ] MUHAMMAD ALIFF AFIQQI BIN RAZALI

[ ] MUHAMMAD ALIFF AFIQQI BIN RAZALI

Although the prosecution established a prima facie case and the statutory presumption of trafficking applied to the weight of cannabis, deficiencies in identification and chain of custody and a plausible defence (that the substances were tobacco and other occupants had access) created reasonable doubt as to possession and knowledge; where reasonable doubt persists the accused must be acquitted.

Citation
BA-45-27-09/2020 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Defendant: Mohammad Asyraaf bin Hashim; Defendant: Muhammad Aliff Afiqqi bin Razali
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 August 2023
Case Number
BA-45-27-09/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment (trial Concluded)
Outcome
Both accused acquitted and discharged of all charges.
Legal Topics
Possession, Trafficking/distribution, Chain of Custody, Knowledge of Nature of Substance, Statutory Presumption of Trafficking, Prima Facie Standard, Acquittal
Source Language
Malay/English
Criminal Law Narcotics/drug Offences Evidence Law Possession Trafficking/distribution Chain of Custody Knowledge of Nature of Substance Statutory Presumption of Trafficking +2 more

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Parties

Public Prosecutor

Prosecution

Mohammad Asyraaf bin Hashim

Defendant

Muhammad Aliff Afiqqi bin Razali

Defendant

Procedural Posture

Criminal / Judgment (trial Concluded)

Legal Issues

  1. 1 Identity of seized item (tin) and linkage to accused
  2. 2 Chain of custody and integrity of exhibits submitted for chemical analysis
  3. 3 Whether accused had knowledge of the nature of the material (drug vs tobacco)

Ratio Decidendi

Although the prosecution established a prima facie case and the statutory presumption of trafficking applied to the weight of cannabis, deficiencies in identification and chain of custody and a plausible defence (that the substances were tobacco and other occupants had access) created reasonable doubt as to possession and knowledge; where reasonable doubt persists the accused must be acquitted.

Court Disposition

Both accused acquitted and discharged of all charges.

Orders

  • Both accused are acquitted and discharged of all charges.