MOHD MORIFF BIN ZULKARNAIM

MOHD MORIFF BIN ZULKARNAIM

Possession was proved by evidence of custody/control and knowledge (items found in open bag at appellant's place with his identification); net weight of Methamphetamine (61.21g) exceeded statutory threshold so presumption of trafficking under Section 37(da)(xvi) arose and the appellant failed to rebut it on the balance of probabilities; conviction and sentence upheld.

Citation
C-05(M)-279-05/2018 (Mahkamah Rayuan)
Parties
Appellant: Mohd Moriff bin Zulkarnain; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
25 September 2019
Case Number
C-05(M)-279-05/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Judgment on Appeal (dismissal)
Outcome
Appeal dismissed; conviction and sentence of the High Court affirmed
Legal Topics
Possession, Trafficking/distribution, Statutory Presumption of Trafficking, Search and Seizure, Burden and Timing of Defence
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Possession Trafficking/distribution Statutory Presumption of Trafficking Search and Seizure Burden and Timing of Defence

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Parties

Mohd Moriff bin Zulkarnain

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal (dismissal)

Legal Issues

  1. 1 Whether the appellant had possession (custody/control and knowledge) of the seized Methamphetamine
  2. 2 Whether the statutory presumption of trafficking under Section 37(da)(xvi) was rebutted

Ratio Decidendi

Possession was proved by evidence of custody/control and knowledge (items found in open bag at appellant's place with his identification); net weight of Methamphetamine (61.21g) exceeded statutory threshold so presumption of trafficking under Section 37(da)(xvi) arose and the appellant failed to rebut it on the balance of probabilities; conviction and sentence upheld.

Court Disposition

Appeal dismissed; conviction and sentence of the High Court affirmed

Orders

  • Appeal dismissed
  • Conviction and sentence imposed by the High Court are upheld