Muhammad Adib Bin Jamaluddin [ ]

Muhammad Adib Bin Jamaluddin [ ]

Appeal dismissed because the Alcontara notice was given too late and defective so burden did not shift to prosecution; defence explanation was implausible and uncorroborated; possession and trafficking were established by discovery in the vehicle and a bag in the accused's room containing personal documents plus the accused's conduct pointing to the bag; no oral confession was proved so statutory warning issue did not arise and the trial convictions and sentences are safe.

Citation
B-05(M)-355-08/2019 (Mahkamah Rayuan)
Parties
Appellant: Muhammad Adib bin Jamaluddin; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
27 June 2022
Case Number
B-05(M)-355-08/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (narcotics) / Appeal Heard and Judgment Delivered
Outcome
Appeal dismissed; convictions and sentences upheld
Legal Topics
Possession, Trafficking, Alcontara Notice, Presumption Under Section 37 ADB 1952, Admissibility of Conduct and Confessions, Chain of Custody
Source Language
Malay/English
Criminal Law Narcotics / Drug Offences Evidence Law Possession Trafficking Alcontara Notice Presumption Under Section 37 ADB 1952 Admissibility of Conduct and Confessions +1 more

Case Brief

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Parties

Muhammad Adib bin Jamaluddin

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (narcotics) / Appeal Heard and Judgment Delivered

Legal Issues

  1. 1 Whether the Alcontara notice given by the accused was sufficient and timely to shift burden to prosecution to investigate an alleged third party;
  2. 2 Whether statements or conduct relied on by prosecution amounted to a confession requiring statutory warning under the Dangerous Drugs Act and were therefore inadmissible;
  3. 3 Whether prosecution proved possession and trafficking beyond reasonable doubt applying statutory presumptions in section 37 ADB 1952

Ratio Decidendi

Appeal dismissed because the Alcontara notice was given too late and defective so burden did not shift to prosecution; defence explanation was implausible and uncorroborated; possession and trafficking were established by discovery in the vehicle and a bag in the accused's room containing personal documents plus the accused's conduct pointing to the bag; no oral confession was proved so statutory warning issue did not arise and the trial convictions and sentences are safe.

Court Disposition

Appeal dismissed; convictions and sentences upheld

Orders

  • Conviction under section 39B(1)(a) ADB 1952 for trafficking 814 grams cannabis and sentence of death (gantung sampai mati) affirmed
  • Conviction under section 6 ADB 1952 for possession of 51.89 grams cannabis and sentence of 5 years imprisonment and 10 strokes of the rotan affirmed