[ ] Muhammad Nabil Bin D'zulkefli

[ ] Muhammad Nabil Bin D'zulkefli

On the whole evidence the prosecution established beyond reasonable doubt that the accused had possession, knowledge and control of the cannabis found both in the car backpack and in his room; the 409.62g quantity attracted the statutory presumption of possession for trafficking under s.37(da)(vi) ADB and the accused failed to raise reasonable doubt or rebut the presumption; accordingly he was convicted under s.39B and s.6 ADB and sentenced as below.

Citation
BA-45A-30-04/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant: Muhammad Nabil bin D'Zulkifli
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 February 2022
Case Number
BA-45A-30-04/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal (dangerous Drugs Act 1952) / Trial — Judgment and Sentencing (high Court)
Outcome
Accused found guilty on both counts: convicted of trafficking under s.39B ADB and possession under s.6 ADB; sentenced to death for s.39B offence and to two years imprisonment plus three strokes for s.6 offence.
Legal Topics
Possession, Trafficking, Prima Facie Case, Knowledge and Control, Chain of Custody, Sentencing (death Penalty)
Source Language
Malay/English
Criminal Law Drug Law Evidence Possession Trafficking Prima Facie Case Knowledge and Control Chain of Custody +1 more

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Muhammad Nabil bin D'Zulkifli

Defendant

Procedural Posture

Criminal (dangerous Drugs Act 1952) / Trial — Judgment and Sentencing (high Court)

Legal Issues

  1. 1 Whether prosecution proved prima facie case for offences under s.39B and s.6 of the Dangerous Drugs Act 1952
  2. 2 Whether accused had possession, knowledge and power of disposal of the drugs
  3. 3 Whether quantity of drugs gives rise to presumption of trafficking

Ratio Decidendi

On the whole evidence the prosecution established beyond reasonable doubt that the accused had possession, knowledge and control of the cannabis found both in the car backpack and in his room; the 409.62g quantity attracted the statutory presumption of possession for trafficking under s.37(da)(vi) ADB and the accused failed to raise reasonable doubt or rebut the presumption; accordingly he was convicted under s.39B and s.6 ADB and sentenced as below.

Court Disposition

Accused found guilty on both counts: convicted of trafficking under s.39B ADB and possession under s.6 ADB; sentenced to death for s.39B offence and to two years imprisonment plus three strokes for s.6 offence.

Orders

  • Convicted under s.39B Dangerous Drugs Act 1952 and sentenced to death
  • Convicted under s.6 Dangerous Drugs Act 1952 and sentenced to two (2) years imprisonment commencing from date of arrest and three (3) strokes of the rotan