MUHAMMAD ARIF BIN MAJID [ ]

MUHAMMAD ARIF BIN MAJID [ ]

Because the vehicle was under the appellants' control at the material time, identical class drugs were found on their persons, the quantity of methamphetamine and its concealment in the armrest gave rise to a strong inference of knowledge and intent to distribute, and the appellants failed to rebut the s.37(d) presumption on the balance of probabilities, the convictions under s.39B(1)(a) ADB read with s.34 KC are upheld.

Citation
B-05(M)-154-04/2023 (Mahkamah Rayuan)
Parties
Appellant: Muhammad Arif bin Majid; Appellant: Muhammad Fairul Lizzan bin Abu Hassan; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
9 October 2024
Case Number
B-05(M)-154-04/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Decision by Court of Appeal (mahkamah Rayuan)
Outcome
Appeal against conviction dismissed; conviction upheld. Appeal against sentence allowed in part; death sentence set aside and substituted.
Legal Topics
Possession, Knowledge, Distribution, S.39 B(1)(a) Akta Dadah Berbahaya 1952, S.37(d) Akta Dadah Berbahaya 1952, S.34 Kanun Keseksaan
Source Language
Malay/English
Criminal Law Drug Offences Appellate Review Possession Knowledge Distribution S.39 B(1)(a) Akta Dadah Berbahaya 1952 S.37(d) Akta Dadah Berbahaya 1952 +1 more

Case Brief

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Parties

Muhammad Arif bin Majid

Appellant

Muhammad Fairul Lizzan bin Abu Hassan

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Decision by Court of Appeal (mahkamah Rayuan)

Legal Issues

  1. 1 Whether the trial judge erred in applying the statutory presumption of possession under s.37(d) ADB
  2. 2 Whether concealment of drugs in an armrest can be treated as distribution under s.2 ADB
  3. 3 Whether the appellants had the requisite knowledge and joint intention (s.34 KK) to distribute the drugs

Ratio Decidendi

Because the vehicle was under the appellants' control at the material time, identical class drugs were found on their persons, the quantity of methamphetamine and its concealment in the armrest gave rise to a strong inference of knowledge and intent to distribute, and the appellants failed to rebut the s.37(d) presumption on the balance of probabilities, the convictions under s.39B(1)(a) ADB read with s.34 KC are upheld.

Court Disposition

Appeal against conviction dismissed; conviction upheld. Appeal against sentence allowed in part; death sentence set aside and substituted.

Orders

  • Conviction under s.39B(1)(a) Akta Dadah Berbahaya 1952 read with s.34 Kanun Keseksaan upheld
  • Death sentence set aside and substituted with 30 years imprisonment to run from date of arrest 7 February 2018