JAZLIE BIN JAAFAR

JAZLIE BIN JAAFAR

Section 36 DDA applies to trafficking prosecutions and shifts the burden to the accused to prove any authority or lawful excuse; prosecution need only adduce evidence of possession and statutory minimum weight to trigger the rebuttable presumption in s37(da); a factual finding of possession is required before invoking the presumption; accordingly the trial judge correctly invoked s37(da) and the convictions and death sentences were upheld.

Citation
05-79-04/2017(W) & 05-78-04/2017(W) (Mahkamah Persekutuan)
Parties
Appellant / Perayu: Jazlie bin Jaafar; Respondent: Pendakwa Raya
Court
W
Jurisdiction
Malaysia
Judgment Date
20 November 2019
Case Number
05-79-04/2017(W) & 05-78-04/2017(W) (Mahkamah Persekutuan)
Procedural Posture
Criminal Appeal (drug Trafficking) / Appeal to Federal Court Against Convictions and Death Sentences After Trial in High Court and Refusal by Court of Appeal
Outcome
Appeal dismissed; convictions and death sentences affirmed.
Legal Topics
Trafficking, Presumption of Trafficking S37(da), Burden of Proof S36, Possession, Statutory Exceptions, Capital Punishment
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Statutory Interpretation Trafficking Presumption of Trafficking S37(da) Burden of Proof S36 Possession +2 more

Case Brief

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Parties

Jazlie bin Jaafar

Appellant / Perayu

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (drug Trafficking) / Appeal to Federal Court Against Convictions and Death Sentences After Trial in High Court and Refusal by Court of Appeal

Legal Issues

  1. 1 Whether s36 of the Dangerous Drugs Act 1952 shifts the burden of proving authority to possess dangerous drugs onto the accused when prosecution relies on the presumption in s37(da)
  2. 2 Whether the presumption under s37(da) can be invoked absent an express prosecution negative of authority
  3. 3 What factual elements prosecution must prove to trigger s37(da)

Ratio Decidendi

Section 36 DDA applies to trafficking prosecutions and shifts the burden to the accused to prove any authority or lawful excuse; prosecution need only adduce evidence of possession and statutory minimum weight to trigger the rebuttable presumption in s37(da); a factual finding of possession is required before invoking the presumption; accordingly the trial judge correctly invoked s37(da) and the convictions and death sentences were upheld.

Court Disposition

Appeal dismissed; convictions and death sentences affirmed.

Orders

  • Appeal dismissed
  • Convictions and sentences on both counts affirmed