[ ] MAT ZAINUDIN BIN MANSOR

[ ] MAT ZAINUDIN BIN MANSOR

On the totality of direct observational evidence, conduct (attempted flight), exclusive access to the sealed package, and chemical analysis confirming 134.6g methamphetamine and 9.2g caffeine, the court found possession, knowledge and common intention proven beyond reasonable doubt and applied the statutory presumption of distribution under s37(da)(xvi), resulting in conviction on all counts and imposition of statutory sentences including death for trafficking.

Citation
DA-45-1-09/2018 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWARAYA (TPR Khairul Anuar bin Wahab); Accused: MOHD NAZRI BIN MOHAMED; Accused: ISMAIL BIN JUSOH; Accused: MAT ZAINUDIN BIN MANSOR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 June 2022
Case Number
DA-45-1-09/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment and Sentencing
Outcome
Defendants convicted on all charges; each defendant sentenced to death for the trafficking charge and to concurrent prison terms for related possession and poison offences
Legal Topics
Possession, Distribution, Common Intention, Statutory Presumptions, Search and Seizure, Sentencing (death Penalty)
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Distribution Common Intention Statutory Presumptions Search and Seizure +1 more

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Parties

PENDAKWARAYA (TPR Khairul Anuar bin Wahab)

Prosecutor

MOHD NAZRI BIN MOHAMED

Accused

ISMAIL BIN JUSOH

Accused

MAT ZAINUDIN BIN MANSOR

Accused

Procedural Posture

Criminal Trial / Judgment and Sentencing

Legal Issues

  1. 1 Whether defendants had possession and control of the seized drugs
  2. 2 Whether defendants had knowledge of the drugs and thus are liable under statutory presumptions
  3. 3 Whether a common intention under s34 Kanun Keseksaan is established

Ratio Decidendi

On the totality of direct observational evidence, conduct (attempted flight), exclusive access to the sealed package, and chemical analysis confirming 134.6g methamphetamine and 9.2g caffeine, the court found possession, knowledge and common intention proven beyond reasonable doubt and applied the statutory presumption of distribution under s37(da)(xvi), resulting in conviction on all counts and imposition of statutory sentences including death for trafficking.

Court Disposition

Defendants convicted on all charges; each defendant sentenced to death for the trafficking charge and to concurrent prison terms for related possession and poison offences

Orders

  • Each of the three accused convicted under s39B(1)(a) Dangerous Drugs Act 1952 read with s34 Kanun Keseksaan and sentenced to death by hanging as per law
  • Each accused sentenced to 6 months imprisonment for the Poison Act 1952 offence (s9(1)), term to run from date of conviction