Muhammad Zaim Bin Awang [ ]

Muhammad Zaim Bin Awang [ ]

The Court affirmed the trial judge's findings that the chain of custody was intact, the statutory caution was administered and produced a voluntary admission, the parcel was found in the appellant's bedroom establishing possession, the statutory presumption of trafficking applied (quantity exceeded threshold) and the appellant failed to rebut it on the balance of probabilities; investigative omissions were not prejudicial and did not render the conviction unsafe.

Citation
S-05(SH)-64-02/2023 (Mahkamah Rayuan)
Parties
Appellant: Muhammad Zaim bin Awang; Respondent: Public Prosecutor
Court
SH
Jurisdiction
Malaysia
Judgment Date
19 May 2025
Case Number
S-05(SH)-64-02/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Decision
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Trafficking, Possession, Chain of Custody, Presumption of Trafficking, Caution Statement, Disclosure, Appellate Review
Source Language
Malay/English
Criminal Law Drug Offences Evidence Criminal Procedure Trafficking Possession Chain of Custody Presumption of Trafficking +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Muhammad Zaim bin Awang

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether identity and chain of custody of seized drugs were compromised
  2. 2 Whether the caution under Section 37B(1) DDA 1952 was administered and admissible
  3. 3 Whether possession and exclusive control were proven

Ratio Decidendi

The Court affirmed the trial judge's findings that the chain of custody was intact, the statutory caution was administered and produced a voluntary admission, the parcel was found in the appellant's bedroom establishing possession, the statutory presumption of trafficking applied (quantity exceeded threshold) and the appellant failed to rebut it on the balance of probabilities; investigative omissions were not prejudicial and did not render the conviction unsafe.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction and sentence of life imprisonment and 15 strokes of the cane affirmed