Muo Obi Benjamin (No. Pasport: A05745246)

Muo Obi Benjamin (No. Pasport: A05745246)

Section 37A presumptions relied upon by the High Court were invalid by virtue of Alma Nudo; the evidence established possession of 1492.6g methamphetamine and not proven trafficking absent the unconstitutional presumption, therefore the trafficking conviction under section 39B(1)(a) is set aside, substituted with a conviction for possession under section 12(2) ADB 1952, and a sentence of 17 years imprisonment from date of arrest and 10 strokes is appropriate given public interest, sentencing principles and comparative appellate trends.

Citation
B-05(M)-64-01/2018 (Mahkamah Rayuan)
Parties
Appellant: Muo Obi Benjamin; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
20 May 2020
Case Number
B-05(M)-64-01/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Judgment in the Court of Appeal
Outcome
Appeal allowed in part: conviction for trafficking under section 39B(1)(a) set aside and substituted with conviction for possession under section 12(2) ADB 1952; previous death sentence set aside.
Legal Topics
Possession Vs Trafficking, Dangerous Drugs Act 1952 Sections 12(2), 37 a, 39 A(2), 39 B, Constitutionality of Presumptions Under Section 37 a, Mitigation and Aggravation, Sentencing Trends for Methamphetamine Cases
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Constitutional Law Possession Vs Trafficking Dangerous Drugs Act 1952 Sections 12(2), 37 A, 39 A(2), 39 B Constitutionality of Presumptions Under Section 37 a Mitigation and Aggravation +1 more

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Parties

Muo Obi Benjamin

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Judgment in the Court of Appeal

Legal Issues

  1. 1 Whether the conviction for trafficking under section 39B(1)(a) should be upheld given the invalidation of section 37A
  2. 2 Whether the evidence supports substitution of conviction to possession under section 12(2) ADB 1952
  3. 3 What is the appropriate sentence for possession of 1,492.6 grams of methamphetamine having regard to public interest and sentencing trends

Ratio Decidendi

Section 37A presumptions relied upon by the High Court were invalid by virtue of Alma Nudo; the evidence established possession of 1492.6g methamphetamine and not proven trafficking absent the unconstitutional presumption, therefore the trafficking conviction under section 39B(1)(a) is set aside, substituted with a conviction for possession under section 12(2) ADB 1952, and a sentence of 17 years imprisonment from date of arrest and 10 strokes is appropriate given public interest, sentencing principles and comparative appellate trends.

Court Disposition

Appeal allowed in part: conviction for trafficking under section 39B(1)(a) set aside and substituted with conviction for possession under section 12(2) ADB 1952; previous death sentence set aside.

Orders

  • Conviction under section 39B(1)(a) of the Dangerous Drugs Act 1952 set aside
  • Appellant convicted under section 12(2) of the Dangerous Drugs Act 1952 for possession of 1492.6 grams methamphetamine