MOHD ASHRAF BIN MOHD SHAREH

MOHD ASHRAF BIN MOHD SHAREH

Prosecution proved identity of the seized substance as methamphetamine (73.99g) via chemist and maintained chain of custody; accused was the sole occupant of the premises and the drug was found within immediate reach in his room establishing possession and control; accused's conduct supported inference of knowledge; quantity exceeded statutory threshold triggering presumption of trafficking under s37(da) which the accused failed to rebut on the balance of probabilities; accordingly prosecution proved the case beyond reasonable doubt and accused is guilty under s39B(1)(a) DDA.

Citation
KA-45A-19-04/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Ashraf bin Mohd Shareh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 June 2024
Case Number
KA-45A-19-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment (convicted and Sentenced)
Outcome
Accused found guilty and convicted under s39B(1)(a) Dangerous Drugs Act 1952 (Act 234)
Legal Topics
Drug Trafficking, Possession and Control, Statutory Presumption S37(da), Chain of Custody, Burden of Proof, Judicial Sentencing Discretion
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Sentencing Law Drug Trafficking Possession and Control Statutory Presumption S37(da) Chain of Custody +2 more

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Parties

Pendakwa Raya

Prosecution

Mohd Ashraf bin Mohd Shareh

Defendant

Procedural Posture

Criminal Drug Trafficking / Judgment (convicted and Sentenced)

Legal Issues

  1. 1 Whether the seized substance was a dangerous drug
  2. 2 Whether the drug was in the possession and control of the accused
  3. 3 Whether the accused had knowledge of the drug's existence and nature

Ratio Decidendi

Prosecution proved identity of the seized substance as methamphetamine (73.99g) via chemist and maintained chain of custody; accused was the sole occupant of the premises and the drug was found within immediate reach in his room establishing possession and control; accused's conduct supported inference of knowledge; quantity exceeded statutory threshold triggering presumption of trafficking under s37(da) which the accused failed to rebut on the balance of probabilities; accordingly prosecution proved the case beyond reasonable doubt and accused is guilty under s39B(1)(a) DDA.

Court Disposition

Accused found guilty and convicted under s39B(1)(a) Dangerous Drugs Act 1952 (Act 234)

Orders

  • Convicted under section 39B(1)(a) Akta Dadah Berbahaya 1952 (Act 234)
  • Sentenced to life imprisonment