[ ] MUHAMMAD HAFIZ DANIEL BIN ABDULLAH

[ ] MUHAMMAD HAFIZ DANIEL BIN ABDULLAH

The court found the prosecution proved identity and weight of the seized substances by expert evidence and maintained chain of custody; accused had access, control and occupancy of the premises demonstrated by keys, CCTV and tenancy evidence establishing possession and knowledge; statutory presumptions of trafficking applied given the weights; the accused's version was a recent invention and failed to rebut presumptions on balance of probabilities — therefore conviction on all counts and imposition of statutory sentences followed.

Citation
WA-45-4-05/2021 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: MUHAMMAD HAFIZ DANIEL BIN ABDULLAH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 December 2022
Case Number
WA-45-4-05/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Judgment Conviction and Sentencing
Outcome
Defendant found guilty on three counts under section 39B(1) Dangerous Drugs Act 1952 and guilty on one count under section 30(3) Poisons Act 1952; sentenced to death on each of the three Dangerous Drugs Act counts and to two years imprisonment for the Poisons Act count (effective from 3.7.2020).
Legal Topics
Possession, Trafficking/distribution, Forensic Chemical Analysis, Chain of Custody, Statutory Presumption of Trafficking, Sentencing Capital Punishment
Source Language
Malay/English
Criminal Law Drug Control Law Evidence Law Possession Trafficking/distribution Forensic Chemical Analysis Chain of Custody Statutory Presumption of Trafficking +1 more

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Parties

PENDAKWA RAYA

Prosecutor

MUHAMMAD HAFIZ DANIEL BIN ABDULLAH

Defendant

Procedural Posture

Criminal Drug Offences / Judgment Conviction and Sentencing

Legal Issues

  1. 1 Whether prosecution proved the identity and weight of seized substances
  2. 2 Whether accused had possession and knowledge of the drugs and poison
  3. 3 Whether statutory presumption of trafficking applied based on weight

Ratio Decidendi

The court found the prosecution proved identity and weight of the seized substances by expert evidence and maintained chain of custody; accused had access, control and occupancy of the premises demonstrated by keys, CCTV and tenancy evidence establishing possession and knowledge; statutory presumptions of trafficking applied given the weights; the accused's version was a recent invention and failed to rebut presumptions on balance of probabilities — therefore conviction on all counts and imposition of statutory sentences followed.

Court Disposition

Defendant found guilty on three counts under section 39B(1) Dangerous Drugs Act 1952 and guilty on one count under section 30(3) Poisons Act 1952; sentenced to death on each of the three Dangerous Drugs Act counts and to two years imprisonment for the Poisons Act count (effective from 3.7.2020).

Orders

  • Sentence of death by hanging imposed on each of the three counts under section 39B(1)(a) Akta Dadah Berbahaya 1952
  • Sentence of two years imprisonment imposed for the count under section 30(3) Akta Racun 1952, to run from 3.7.2020