MOHD DAIZZUAN BIN EMBONG

MOHD DAIZZUAN BIN EMBONG

Prosecution proved identity of drugs by chemist, maintained unbroken chain of custody, established defendant's exclusive control of the bedroom and his conduct gave rise to an inference of knowledge; therefore s37(d) presumption applied and the accused was guilty beyond reasonable doubt on both counts.

Citation
TA-83D-1337-09/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Daizzuan bin Embong
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 January 2023
Case Number
TA-83D-1337-09/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs Act 1952 / Judgment and Sentencing
Outcome
Convicted on both counts
Legal Topics
Possession of Controlled Drugs, Chain of Custody, Prima Facie Assessment, Presumption Under S37(d) Dangerous Drugs Act 1952, Chemist Evidence
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Criminal Procedure Possession of Controlled Drugs Chain of Custody Prima Facie Assessment Presumption Under S37(d) Dangerous Drugs Act 1952 +1 more

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Parties

Pendakwa Raya

Prosecution

Mohd Daizzuan bin Embong

Defendant

Procedural Posture

Criminal Dangerous Drugs Act 1952 / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved a prima facie case at the close of its case
  2. 2 Whether the accused had custody/control and knowledge of the drugs found
  3. 3 Whether chain of custody for the exhibits was maintained

Ratio Decidendi

Prosecution proved identity of drugs by chemist, maintained unbroken chain of custody, established defendant's exclusive control of the bedroom and his conduct gave rise to an inference of knowledge; therefore s37(d) presumption applied and the accused was guilty beyond reasonable doubt on both counts.

Court Disposition

Convicted on both counts

Orders

  • TA-83D-80-01/2021: Imprisonment 1 year from date of conviction.
  • TA-83D-1337-09/2021: Imprisonment 4 years from date of conviction and 4 strokes of the cane.