[ ] Muhammad Faris Bin Amran

[ ] Muhammad Faris Bin Amran

The court concluded the prosecution proved beyond reasonable doubt that the accused had physical custody and control of the heroin found in his right front trouser pocket and had the requisite knowledge; the defence was a bare denial and failed to raise reasonable doubt, therefore conviction under s12(2) ADB 1952 read with s39A(1) followed and the prescribed sentence was imposed.

Citation
DD-83D-304-06/2020 (Mahkamah Majistret)
Parties
Prosecution: PENDakwa RAYA; Defendant: MUHAMMAD FARIS BIN AMRAN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 September 2023
Case Number
DD-83D-304-06/2020 (Mahkamah Majistret)
Procedural Posture
Criminal (drug Possession) / Judgment and Sentencing (sentence Suspended Pending Appeal)
Outcome
Guilty; convicted under Section 12(2) ADB 1952 read with Section 39A(1) ADB 1952; sentenced to 24 months imprisonment and 3 strokes; execution of sentence suspended pending appeal on conditions
Legal Topics
Possession, Knowledge (mens Rea), Chain of Custody, Prima Facie Test, Forensic Analysis, Fingerprint Evidence, Sentencing, Suspension of Sentence Pending Appeal
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedure Possession Knowledge (mens Rea) Chain of Custody Prima Facie Test +4 more

Case Brief

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Parties

PENDakwa RAYA

Prosecution

MUHAMMAD FARIS BIN AMRAN

Defendant

Procedural Posture

Criminal (drug Possession) / Judgment and Sentencing (sentence Suspended Pending Appeal)

Legal Issues

  1. 1 Whether the accused had possession, custody or control of the drugs found
  2. 2 Whether the accused had knowledge of the drugs' existence and nature
  3. 3 Whether prosecution proved case beyond reasonable doubt at close of prosecution

Ratio Decidendi

The court concluded the prosecution proved beyond reasonable doubt that the accused had physical custody and control of the heroin found in his right front trouser pocket and had the requisite knowledge; the defence was a bare denial and failed to raise reasonable doubt, therefore conviction under s12(2) ADB 1952 read with s39A(1) followed and the prescribed sentence was imposed.

Court Disposition

Guilty; convicted under Section 12(2) ADB 1952 read with Section 39A(1) ADB 1952; sentenced to 24 months imprisonment and 3 strokes; execution of sentence suspended pending appeal on conditions

Orders

  • Sentence: 24 months imprisonment and 3 strokes under s39A(1) ADB 1952
  • Execution of sentence suspended pending appeal to High Court