NOBRI BIN RAMLI [TIMBALAN ]

NOBRI BIN RAMLI [TIMBALAN ]

Court of Appeal held that although the trial judge erred by failing to give clear direction at the end of the prosecution case about which presumption was invoked (a serious misdirection), the totality of credible evidence established appellant's possession and knowledge of the seized methamphetamine; accordingly...

Source-derived case information.

Citation
K-05(SH)-33-01/2025 (Mahkamah Rayuan)
Parties
Appellant: Nobri bin Ramli; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
K-05(SH)-33-01/2025 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Decision (appeal Against High Court Conviction and Sentence)
Outcome
Appeal partly allowed; conviction under s39B(1)(a) ADB 1952 set aside and replaced with conviction under s12(2) ADB 1952; sentence reduced.
Legal Topics
Possession Vs Trafficking, Statutory Presumption of Possession/trafficking, Misdirection at End of Prosecution Case, Burden of Proof, Sentencing Discretion
Criminal Law Drug Offences Evidence Possession Vs Trafficking Statutory Presumption of Possession/trafficking Misdirection at End of Prosecution Case Burden of Proof Sentencing Discretion

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Nobri bin Ramli

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Decision (appeal Against High Court Conviction and Sentence)

  1. 1 Whether the trial judge erred by failing to state which presumption was relied upon at the end of the prosecution case and thus failed to give proper direction to the accused
  2. 2 Whether the statutory presumption under s37(da) Dangerous Drugs Act 1952 was properly applied and whether it was rebutted
  3. 3 Whether the evidence was sufficient to sustain conviction for possession (s12(2)) or trafficking (s39B(1)(a))

Ratio Decidendi

Court of Appeal held that although the trial judge erred by failing to give clear direction at the end of the prosecution case about which presumption was invoked (a serious misdirection), the totality of credible evidence established appellant's possession and knowledge of the seized methamphetamine; accordingly conviction under trafficking provision was set aside and replaced with conviction for possession under s12(2) ADB 1952 and sentence reduced to 10 years imprisonment and 10 strokes.

Court Disposition

Appeal partly allowed; conviction under s39B(1)(a) ADB 1952 set aside and replaced with conviction under s12(2) ADB 1952; sentence reduced.

Orders

  • Sabitan di bawah Seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 diketepikan dan digantikan dengan sabitan di bawah Seksyen 12(2) ADB 1952.
  • Dihukum di bawah Seksyen 39A(2) ADB 1952 dengan hukuman pemenjaraan 10 tahun dan 10 sebatan.