MUHAMMAD IRWAN BUNMA BIN ABDULLAH

MUHAMMAD IRWAN BUNMA BIN ABDULLAH

Prosecution proved a prima facie case by establishing via reliable chain of custody and qualified expert evidence that the seized substance was methamphetamine totalling 114.5g; the accused had physical possession (pouch found affixed to his person) and knowledge was inferable from his conduct (attempt to flee); the quantity triggered the statutory presumption of trafficking under s37(da) which the accused failed to rebut; accordingly the accused was convicted under s39B(1)(a) DDA and sentenced to life imprisonment with no whipping due to age, the court exercising discretion under Akta 846 and finding no exceptional aggravating factors to warrant death.

Citation
PB-45A-82-12/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Muhammad Irwan Bunma bin Abdullah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 November 2023
Case Number
PB-45A-82-12/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (akta Dadah Berbahaya 1952) / Trial Judgment on Conviction and Sentence (high Court Butterworth)
Outcome
Accused convicted under s39B(1)(a) Akta Dadah Berbahaya 1952 and sentenced to life imprisonment; no rotan (whipping) ordered
Legal Topics
Possession, Knowledge of Controlled Substance, Chain of Custody, Presumption of Trafficking Under S37(da), Sentencing Discretion Under Abolition of Mandatory Death Penalty Act 2023
Source Language
Malay/English
Criminal Law Drug Law Evidence Sentencing Possession Knowledge of Controlled Substance Chain of Custody Presumption of Trafficking Under S37(da) +1 more

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Parties

Pendakwa Raya

Prosecution

Muhammad Irwan Bunma bin Abdullah

Defendant

Procedural Posture

Criminal Drug Trafficking (akta Dadah Berbahaya 1952) / Trial Judgment on Conviction and Sentence (high Court Butterworth)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case at close of prosecution under s180 KTJ
  2. 2 Whether accused had physical possession and knowledge of the methamphetamine found
  3. 3 Whether chain of custody for seized exhibits was intact

Ratio Decidendi

Prosecution proved a prima facie case by establishing via reliable chain of custody and qualified expert evidence that the seized substance was methamphetamine totalling 114.5g; the accused had physical possession (pouch found affixed to his person) and knowledge was inferable from his conduct (attempt to flee); the quantity triggered the statutory presumption of trafficking under s37(da) which the accused failed to rebut; accordingly the accused was convicted under s39B(1)(a) DDA and sentenced to life imprisonment with no whipping due to age, the court exercising discretion under Akta 846 and finding no exceptional aggravating factors to warrant death.

Court Disposition

Accused convicted under s39B(1)(a) Akta Dadah Berbahaya 1952 and sentenced to life imprisonment; no rotan (whipping) ordered

Orders

  • Accused convicted of offence under s39B(1)(a) Akta Dadah Berbahaya 1952
  • Sentence: imprisonment for life (term to run from date of arrest 31.3.2017)