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

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

The court held the prosecution proved beyond reasonable doubt that the accused had knowledge, possession and control of the seized drugs; the methamphetamine quantity (73.66g) attracted the s37(da) presumption of trafficking which the defence failed to rebut on the balance of probabilities; clerical errors in the...

Source-derived case information.

Citation
CB-45-5-07/2020 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Defendant: Mohd Faizal bin Masiran
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 June 2024
Case Number
CB-45-5-07/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal (dangerous Drugs) / Judgment and Sentencing
Outcome
Guilty on both counts (trafficking and possession)
Legal Topics
Trafficking, Possession and Control, Statutory Presumptions (s37(da)), Forensic Chemical Analysis, Search and Seizure (search List), Chain of Custody, Defect in Charge Particulars
Criminal Law Drug Offences Evidence Law Procedural Law Trafficking Possession and Control Statutory Presumptions (s37(da)) Forensic Chemical Analysis +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

Legal Issues

  1. 1 Validity and sufficiency of charge particulars (address and omission of vehicle)
  2. 2 Admissibility and impact of clerical errors in chemical report
  3. 3 Compliance with list of seized items (s64 CPC) and effect of inconsistencies

Ratio Decidendi

The court held the prosecution proved beyond reasonable doubt that the accused had knowledge, possession and control of the seized drugs; the methamphetamine quantity (73.66g) attracted the s37(da) presumption of trafficking which the defence failed to rebut on the balance of probabilities; clerical errors in the chemical report and inconsistencies in the search list did not vitiate admissibility or proof of possession, therefore the accused is guilty on both charges (s39B and s12(2) punishable under s39A(2)).

Court Disposition

Guilty on both counts (trafficking and possession)

Orders

  • Sentence of imprisonment for life and 12 strokes of the rotan for offence under s39B Dangerous Drugs Act 1952
  • Sentence of 10 years imprisonment from date of arrest and 10 strokes of the rotan for offence under s12(2) Dangerous Drugs Act 1952 (punishable under s39A(2))