[ ] 1. ) SHAHMIR RIZAL BIN ROSLI 2. ) MOHD QUSZAIRY BIN ROSLI

[ ] 1. ) SHAHMIR RIZAL BIN ROSLI 2. ) MOHD QUSZAIRY BIN ROSLI

Prosecution proved identity and weight of the seized substance (Cannabis 1269.05g), established possession, control and knowledge by accused (he pointed out, retrieved and handed the bag and personal effects linked him to the room), and quantity invoked the statutory presumption of trafficking under s.37(da)(vi); the accused failed to rebut that presumption on the balance of probabilities, therefore guilty of s.39B(1)(a) and liable to mandatory death under s.39B(2).

Citation
TA-45A-6-08/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Quszairy bin Rosli
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 August 2022
Case Number
TA-45A-6-08/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence / Trial Judgment and Sentencing
Outcome
Accused convicted of offence under s.39B(1)(a) Dangerous Drugs Act 1952 and sentenced to death under s.39B(2)
Legal Topics
Possession, Trafficking, Chain of Custody, Burden of Proof, Statutory Presumption
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Possession Trafficking Chain of Custody Burden of Proof Statutory Presumption

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Mohd Quszairy bin Rosli

Accused

Procedural Posture

Criminal Drug Offence / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether accused had possession, custody and knowledge of the drugs found in the bedroom
  2. 2 Whether the quantity (1269.05g cannabis) gives rise to the statutory presumption of trafficking under s.37(da)(vi) DDA 1952
  3. 3 Whether the prosecution established chain of custody and identity of the substance

Ratio Decidendi

Prosecution proved identity and weight of the seized substance (Cannabis 1269.05g), established possession, control and knowledge by accused (he pointed out, retrieved and handed the bag and personal effects linked him to the room), and quantity invoked the statutory presumption of trafficking under s.37(da)(vi); the accused failed to rebut that presumption on the balance of probabilities, therefore guilty of s.39B(1)(a) and liable to mandatory death under s.39B(2).

Court Disposition

Accused convicted of offence under s.39B(1)(a) Dangerous Drugs Act 1952 and sentenced to death under s.39B(2)

Orders

  • Accused convicted under s.39B(1)(a) Akta Dadah Berbahaya 1952
  • Accused sentenced to death pursuant to s.39B(2) Akta Dadah Berbahaya 1952