[ ] Mohammad Zulfikar Supiyandi Bin Kasmin

[ ] Mohammad Zulfikar Supiyandi Bin Kasmin

On the proven facts — SP4's credible consistent testimony, identification of the backpack and package, uninterrupted chain of custody to analysis confirming 549.68g methamphetamine, and failure by accused to rebut the s.37(da) presumption on the balance of probabilities — possession, knowledge and trafficking were...

Source-derived case information.

Citation
JA-45A-12-06/2020 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Defendant: Mohammad Zulfikar Supiyandi bin Kasmin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 July 2024
Case Number
JA-45A-12-06/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence (dangerous Drugs Act 1952) / Trial Judgment (conviction and Sentencing); Reasons Prepared in Context of Subsequent Appeal
Outcome
Accused convicted of trafficking Methamphetamine; sentenced to imprisonment for life and twelve (12) strokes of the cane, sentence to run from date of arrest.
Legal Topics
Possession, Trafficking, Presumptions of Law, Burden of Proof, Chain of Custody, Sentencing
Criminal Law Drug Law Evidence Law Procedure Possession Trafficking Presumptions of Law Burden of Proof +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 30 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Public Prosecutor

Prosecutor

Mohammad Zulfikar Supiyandi bin Kasmin

Defendant

Procedural Posture

Criminal Drug Offence (dangerous Drugs Act 1952) / Trial Judgment (conviction and Sentencing); Reasons Prepared in Context of Subsequent Appeal

  1. 1 Whether prosecution proved prima facie case for trafficking under s.39B(1)(a) ADB
  2. 2 Whether possession, control and knowledge of the seized methamphetamine were proven
  3. 3 Whether statutory presumption under s.37(da) ADB applied and whether accused rebutted it on balance of probabilities

Ratio Decidendi

On the proven facts — SP4's credible consistent testimony, identification of the backpack and package, uninterrupted chain of custody to analysis confirming 549.68g methamphetamine, and failure by accused to rebut the s.37(da) presumption on the balance of probabilities — possession, knowledge and trafficking were established; conviction and sentence of life imprisonment and twelve strokes were appropriate and lawful.

Court Disposition

Accused convicted of trafficking Methamphetamine; sentenced to imprisonment for life and twelve (12) strokes of the cane, sentence to run from date of arrest.

Orders

  • Accused convicted under s.39B(1)(a) Dangerous Drugs Act 1952 and sentenced to imprisonment for life and 12 strokes of the cane.
  • Sentence to commence from date of arrest.