Mohamad Razif Bin Rahmat - Dalam Jaminan

Mohamad Razif Bin Rahmat - Dalam Jaminan

Prosecution proved beyond reasonable doubt that the seized and analysed substance was methamphetamine totalling 8.11g, that the exhibits were properly marked and the chain of custody was intact, and that the drugs were in the defendant's possession, control and knowledge (found in his trouser pocket); the defence third‑party explanation was uncorroborated, likely an afterthought and insufficient to raise reasonable doubt; conviction under s12(2) ADB (read with s39A(1)) followed and sentence of 26 months imprisonment and 3 strokes was appropriate within statutory range.

Citation
JA-83D-7334-12/2022 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: Mohd Razif bin Rahmat
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 September 2024
Case Number
JA-83D-7334-12/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Possession (dangerous Drugs Act 1952) / Conviction and Sentencing (trial)
Outcome
Guilty; convicted under Section 12(2) Dangerous Drugs Act 1952 (punishable under Section 39A(1)); sentence imposed.
Legal Topics
Possession, Chain of Custody, Prima Facie, Alcontara Notice, Sentencing, Section 12(2) ADB, Section 39 A(1) ADB
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Procedure Possession Chain of Custody Prima Facie Alcontara Notice +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

PENDAKWA RAYA

Prosecutor

Mohd Razif bin Rahmat

Defendant

Procedural Posture

Criminal Drug Possession (dangerous Drugs Act 1952) / Conviction and Sentencing (trial)

Legal Issues

  1. 1 Whether prosecution proved prima facie and ultimately beyond reasonable doubt that defendant possessed methamphetamine
  2. 2 Whether chain of custody for exhibits was intact
  3. 3 Whether defendant had knowledge, control and possession of the drugs found

Ratio Decidendi

Prosecution proved beyond reasonable doubt that the seized and analysed substance was methamphetamine totalling 8.11g, that the exhibits were properly marked and the chain of custody was intact, and that the drugs were in the defendant's possession, control and knowledge (found in his trouser pocket); the defence third‑party explanation was uncorroborated, likely an afterthought and insufficient to raise reasonable doubt; conviction under s12(2) ADB (read with s39A(1)) followed and sentence of 26 months imprisonment and 3 strokes was appropriate within statutory range.

Court Disposition

Guilty; convicted under Section 12(2) Dangerous Drugs Act 1952 (punishable under Section 39A(1)); sentence imposed.

Orders

  • Ordered to receive 3 strokes of the cane