[Timbalan (TPR), Jabatan Peguam Negara] MOHD FAIZAL BIN MASIRAN

[Timbalan (TPR), Jabatan Peguam Negara] MOHD FAIZAL BIN MASIRAN

Court found prosecution had established a prima facie case: clerical errors in the chemical report and search list were administrative and did not undermine the analysis or chain of custody; witness evidence (police and civilian) proved accused had knowledge, control and possession of drugs in room and vehicle;...

Source-derived case information.

Citation
CB-45A-4-07/2020 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Defendant: MOHD FAIZAL BIN MASIRAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 June 2024
Case Number
CB-45A-4-07/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / Judgment and Sentencing (high Court)
Outcome
Convicted on both counts
Legal Topics
Trafficking, Possession and Control, Statutory Presumption (s37(da)), Search and Seizure, Chain of Custody, Expert Chemical Evidence, Sentencing Life Imprisonment and Whipping
Criminal Law Drug Offences Evidence Criminal Procedure Trafficking Possession and Control Statutory Presumption (s37(da)) Search and Seizure +3 more

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Summary, issues, holding and outcome

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Parties

PENDAKWA RAYA

Prosecution

MOHD FAIZAL BIN MASIRAN

Defendant

Procedural Posture

Criminal Dangerous Drugs / Judgment and Sentencing (high Court)

Legal Issues

  1. 1 Whether the indictment was defective due to incorrect address/vehicle details and impact on fairness of charge
  2. 2 Admissibility and reliablity of chemical analysis report despite clerical/date errors
  3. 3 Whether the accused had knowledge, control and possession of the drugs found in the room and vehicle

Ratio Decidendi

Court found prosecution had established a prima facie case: clerical errors in the chemical report and search list were administrative and did not undermine the analysis or chain of custody; witness evidence (police and civilian) proved accused had knowledge, control and possession of drugs in room and vehicle; quantity of methamphetamine exceeded 50g invoking s37(da) presumption which defence failed to rebut on balance of probabilities; therefore accused convicted under s39B and s12(2) (punishable under s39A(2)).

Court Disposition

Convicted on both counts

Orders

  • Sentenced to life imprisonment and 12 strokes of the rotan for offence under Section 39B Dangerous Drugs Act 1952
  • Sentenced to 10 years imprisonment from date of arrest and 10 strokes of the rotan for offence under Section 12(2) Dangerous Drugs Act 1952 (punishable under Section 39A(2))