PENDAKWARAYA MUHAMMAD SHAFWAN BIN AIDED (NO.KP: 920909-10-6037)

PENDAKWARAYA MUHAMMAD SHAFWAN BIN AIDED (NO.KP: 920909-10-6037)

Prosecution proved identity and weights of the seized substances by qualified chemist evidence and maintained an unbroken chain of custody to analysis; the drugs were found in a backpack worn by the accused together with his identification establishing physical control and giving rise to a reasonable inference of knowledge; methamphetamine exceeded statutory threshold (75.23g) so the rebuttable presumption of trafficking under s37(da)(xvi) applied and the defence failed to rebut it on the balance of probabilities; accordingly accused convicted of trafficking under s39B(1)(a) (first count) and convicted of possession under amended charge for the second count.

Citation
PA-45A-31-04/2018 & PA-45A-32-04/2018 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Defendant: MUHAMMAD SHAFWAN BIN AIDED
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 July 2021
Case Number
PA-45A-31-04/2018 & PA-45A-32-04/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial Judgment and Sentencing
Outcome
Defendant convicted on Count PA-45A-31-04/2018 (trafficking 75.23g methamphetamine) and on amended Count PA-45A-32-04/2018 (possession 7.9g heroin and monoacetylmorphines)
Legal Topics
Trafficking, Possession, Chain of Custody, Statutory Presumption, Burden of Proof, Adverse Inference, Forensic Analysis
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Procedural Law Trafficking Possession Chain of Custody Statutory Presumption +3 more

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Parties

PENDAKWA RAYA

Prosecution

MUHAMMAD SHAFWAN BIN AIDED

Defendant

Procedural Posture

Criminal Drug Trafficking / Trial Judgment and Sentencing

Legal Issues

  1. 1 whether identity and weight of seized substances were proven
  2. 2 whether accused had possession (control and knowledge) of the drugs
  3. 3 whether statutory presumption of trafficking under s37(da)(xvi) applied for methamphetamine >50g

Ratio Decidendi

Prosecution proved identity and weights of the seized substances by qualified chemist evidence and maintained an unbroken chain of custody to analysis; the drugs were found in a backpack worn by the accused together with his identification establishing physical control and giving rise to a reasonable inference of knowledge; methamphetamine exceeded statutory threshold (75.23g) so the rebuttable presumption of trafficking under s37(da)(xvi) applied and the defence failed to rebut it on the balance of probabilities; accordingly accused convicted of trafficking under s39B(1)(a) (first count) and convicted of possession under amended charge for the second count.

Court Disposition

Defendant convicted on Count PA-45A-31-04/2018 (trafficking 75.23g methamphetamine) and on amended Count PA-45A-32-04/2018 (possession 7.9g heroin and monoacetylmorphines)

Orders

  • Count PA-45A-31-04/2018: Sentence of death by hanging imposed under s39B(2) Dangerous Drugs Act 1952 (Act 234) for trafficking 75.23 grams methamphetamine
  • Count PA-45A-32-04/2018 (amended to possession under s12(2) read with s39A(2)): 12 years imprisonment effective from date of arrest and 10 strokes of the rotan