MOHD DAIZZUAN BIN EMBONG

MOHD DAIZZUAN BIN EMBONG

Prosecution proved beyond prima facie threshold that the seized items were methamphetamine (chemist evidence); items were found in accused's bedroom in plain view, supported by credible police and family evidence establishing exclusive use of the room, intact chain of custody, and conduct indicating knowledge; statutory presumption under s37(d) applied and defence failed to raise a reasonable doubt, warranting conviction and imposed sentences as stated.

Citation
TA-83D-80-01/2021 (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-80-01/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offences / Judgment and Sentencing
Outcome
Accused convicted on both charges
Legal Topics
Possession, Chain of Custody, Prima Facie Evaluation, Presumption Under S37(d) DDA, Chemist Evidence, Credibility of Witnesses, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Procedural Law Possession Chain of Custody Prima Facie Evaluation Presumption Under S37(d) DDA +3 more

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Parties

Pendakwa Raya

Prosecution

Mohd Daizzuan bin Embong

Defendant

Procedural Posture

Criminal Drug Offences / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved a prima facie case at close of its case
  2. 2 Whether the seized items were dangerous drugs (methamphetamine)
  3. 3 Whether accused had possession/control and knowledge of the drugs

Ratio Decidendi

Prosecution proved beyond prima facie threshold that the seized items were methamphetamine (chemist evidence); items were found in accused's bedroom in plain view, supported by credible police and family evidence establishing exclusive use of the room, intact chain of custody, and conduct indicating knowledge; statutory presumption under s37(d) applied and defence failed to raise a reasonable doubt, warranting conviction and imposed sentences as stated.

Court Disposition

Accused convicted on both charges

Orders

  • Convicted for TA-83D-80-01/2021 under Section 12(2)/12(3) Dangerous Drugs Act 1952; sentenced to 1 year imprisonment from date of conviction.
  • Convicted for TA-83D-1337-09/2021 under Section 12(2)/39A(1) Dangerous Drugs Act 1952; sentenced to 4 years imprisonment from date of conviction and 4 strokes of the rotan.