1. ) Norfazli bin Karim 2. ) Norzaid bin Karim 3. ) Ahmad Harisan bin Mohd Ali

1. ) Norfazli bin Karim 2. ) Norzaid bin Karim 3. ) Ahmad Harisan bin Mohd Ali

Trial judge's factual findings that appellants were in the hut in close proximity to the black bag, that prosecution witnesses were credible, and that appellants failed to give a satisfactory explanation to rebut the presumption of trafficking were not vitiated by material contradictions or procedural omissions; accordingly convictions and sentences were affirmed and appeals dismissed.

Citation
N-05(M)-602-12/2018 & N05(M)-617-12/2018 (Mahkamah Rayuan)
Parties
Appellant: Norfazli Bin Karim; Appellant: Norzaid Bin Karim; Appellant: Ahmad Harisan Bin Mohd Ali; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
5 March 2021
Case Number
N-05(M)-602-12/2018 & N05(M)-617-12/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Judgment on Appeal (court of Appeal)
Outcome
Appeals dismissed; convictions and sentences affirmed by Court of Appeal
Legal Topics
Trafficking, Possession of Controlled Substances, Presumption of Trafficking, Common Intention, Credibility of Witnesses, Search and Seizure Compliance, Adverse Inference From Non‑production
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Criminal Procedure Trafficking Possession of Controlled Substances Presumption of Trafficking Common Intention +3 more

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Parties

Norfazli Bin Karim

Appellant

Norzaid Bin Karim

Appellant

Ahmad Harisan Bin Mohd Ali

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal (court of Appeal)

Legal Issues

  1. 1 Whether prosecution evidence was credible
  2. 2 Whether material contradictions in prosecution evidence warranted acquittal
  3. 3 Whether defendants' account raised reasonable doubt or rebutted statutory presumption of trafficking

Ratio Decidendi

Trial judge's factual findings that appellants were in the hut in close proximity to the black bag, that prosecution witnesses were credible, and that appellants failed to give a satisfactory explanation to rebut the presumption of trafficking were not vitiated by material contradictions or procedural omissions; accordingly convictions and sentences were affirmed and appeals dismissed.

Court Disposition

Appeals dismissed; convictions and sentences affirmed by Court of Appeal

Orders

  • Dismissal of appeals
  • Convictions and sentences of the High Court affirmed