[ ] CHE ABDULLAH BIN CHE SULAIMAN

[ ] CHE ABDULLAH BIN CHE SULAIMAN

Prosecution proved beyond reasonable doubt that the seized substance was methamphetamine (73.90g), the accused had custody/control and knowledge of the drugs (found exposed in vehicle arm rest while accused was driver and personal effects of accused in vehicle), and the weight exceeded the 50g threshold raising the statutory presumption of distribution under para 37(da)(xvi) ADB 1952 which the accused failed to rebut on the balance of probabilities; accordingly convicted under s39B(1)(a) ADB 1952 and sentenced under discretionary regime of Act 846 to life imprisonment (fixed at 30 years) and 12 strokes as appropriate.

Citation
KA-45A-26-05/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Che Abdullah bin Che Sulaiman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 June 2024
Case Number
KA-45A-26-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs Offence / Trial Judgment and Sentencing (high Court Conviction and Sentence)
Outcome
Convicted under paragraph 39B(1)(a) Dangerous Drugs Act 1952; sentenced to life imprisonment fixed at 30 years from date of arrest and 12 strokes.
Legal Topics
Possession, Knowledge, Trafficking/distribution, Statutory Presumptions (s37(da) ADB 1952), Chain of Custody, Prima Facie Case, Burden of Proof, Sentencing Discretion Under Act 846
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Sentencing Law Possession Knowledge Trafficking/distribution Statutory Presumptions (s37(da) ADB 1952) +4 more

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Parties

Pendakwa Raya

Prosecution

Che Abdullah bin Che Sulaiman

Accused

Procedural Posture

Criminal Dangerous Drugs Offence / Trial Judgment and Sentencing (high Court Conviction and Sentence)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s180 CPC
  2. 2 Whether accused had custody/control and knowledge of seized methamphetamine
  3. 3 Whether statutory presumption of distribution under para 37(da)(xvi) ADB 1952 is raised by weight

Ratio Decidendi

Prosecution proved beyond reasonable doubt that the seized substance was methamphetamine (73.90g), the accused had custody/control and knowledge of the drugs (found exposed in vehicle arm rest while accused was driver and personal effects of accused in vehicle), and the weight exceeded the 50g threshold raising the statutory presumption of distribution under para 37(da)(xvi) ADB 1952 which the accused failed to rebut on the balance of probabilities; accordingly convicted under s39B(1)(a) ADB 1952 and sentenced under discretionary regime of Act 846 to life imprisonment (fixed at 30 years) and 12 strokes as appropriate.

Court Disposition

Convicted under paragraph 39B(1)(a) Dangerous Drugs Act 1952; sentenced to life imprisonment fixed at 30 years from date of arrest and 12 strokes.

Orders

  • Accused convicted of trafficking methamphetamine under para 39B(1)(a) ADB 1952
  • Sentence: imprisonment for life (term fixed at 30 years) commencing from date of arrest