SAHRUL MAZLEE BIN MOHD KHALID (NO K/P: 760608-01-7225)

SAHRUL MAZLEE BIN MOHD KHALID (NO K/P: 760608-01-7225)

The Court held the trial judge properly conducted the required maximum evaluation, accepted the arresting officer (SP8) as credible, found the appellant had actual possession and knowledge of the cannabis based on holding the bag and corroborating circumstantial evidence (similar slabs, personal effects, weighing/packing implements in the bedroom), that statutory presumption of trafficking applied because net weights exceeded the 200g threshold, and that these findings supported convictions on both counts; mandatory death under s39B(2) followed and the appeal was dismissed.

Citation
J-05(M)-633-12/2019 (Mahkamah Rayuan)
Parties
Appellant / Perayu: Sahrul Mazlee bin Mohd Khalid; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
30 August 2021
Case Number
J-05(M)-633-12/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal — Drug Trafficking (appeal to Court of Appeal) / Judgment on Appeal (appeal Dismissed)
Outcome
Appeal dismissed; convictions and mandatory death sentences affirmed
Legal Topics
Drug Trafficking, Possession and Mens Rea, Statutory Presumptions Under Dangerous Drugs Act, Chain of Custody, Evaluation of Witness Credibility, Mandatory Sentencing
Source Language
Malay/English
Criminal Law Drug Control Law Evidence Law Appellate Review Drug Trafficking Possession and Mens Rea Statutory Presumptions Under Dangerous Drugs Act Chain of Custody +2 more

Case Brief

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Parties

Sahrul Mazlee bin Mohd Khalid

Appellant / Perayu

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal — Drug Trafficking (appeal to Court of Appeal) / Judgment on Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether the trial judge conducted the required maximum evaluation at close of prosecution case under s180 CPC
  2. 2 Whether the appellant had actual possession and knowledge of the drugs
  3. 3 Whether statutory presumptions in s37(d) and s37(da)(vi) DDA could be invoked to establish possession and trafficking

Ratio Decidendi

The Court held the trial judge properly conducted the required maximum evaluation, accepted the arresting officer (SP8) as credible, found the appellant had actual possession and knowledge of the cannabis based on holding the bag and corroborating circumstantial evidence (similar slabs, personal effects, weighing/packing implements in the bedroom), that statutory presumption of trafficking applied because net weights exceeded the 200g threshold, and that these findings supported convictions on both counts; mandatory death under s39B(2) followed and the appeal was dismissed.

Court Disposition

Appeal dismissed; convictions and mandatory death sentences affirmed

Orders

  • Appeal dismissed
  • Convictions on both amended charges under s39B(1)(a) Dangerous Drugs Act 1952 affirmed