MOHD SOBRI BIN ABU BAKAR

MOHD SOBRI BIN ABU BAKAR

Court found prosecution proved physical custody/control and knowledge of the drugs by direct evidence and permissible inferences; heroin weight exceeded statutory threshold invoking presumption of distribution which defence failed to rebut on balance of probabilities; defence account deemed afterthought and insufficient to raise reasonable doubt; therefore accused guilty on all three charges and sentenced accordingly.

Citation
KA-45-7-11/2021 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor (Pendakwa Raya); Accused: Mohd Sobri bin Abu Bakar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 September 2025
Case Number
KA-45-7-11/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Narcotics Offences / Trial Judgment and Sentencing (high Court Conviction and Sentence)
Outcome
Accused convicted on three narcotics charges and sentenced
Legal Topics
Possession, Knowledge, Distribution (presumption Under Statute), Prima Facie Test, Chain of Custody, Alcontara Notice, Sentencing Discretion Under Act 846
Source Language
Malay/English
Criminal Law Drug/narcotics Law Evidence Law Procedure Possession Knowledge Distribution (presumption Under Statute) Prima Facie Test +3 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecution

Mohd Sobri bin Abu Bakar

Accused

Procedural Posture

Criminal Narcotics Offences / Trial Judgment and Sentencing (high Court Conviction and Sentence)

Legal Issues

  1. 1 Whether prosecution proved possession, custody/control and knowledge of seized drugs beyond reasonable doubt
  2. 2 Whether statutory presumptions (s 37(da)(i)/s37(d) ADB 1952) were applicable and rebutted
  3. 3 Whether weight of heroin justified presumption of distribution

Ratio Decidendi

Court found prosecution proved physical custody/control and knowledge of the drugs by direct evidence and permissible inferences; heroin weight exceeded statutory threshold invoking presumption of distribution which defence failed to rebut on balance of probabilities; defence account deemed afterthought and insufficient to raise reasonable doubt; therefore accused guilty on all three charges and sentenced accordingly.

Court Disposition

Accused convicted on three narcotics charges and sentenced

Orders

  • KA-45A-6-03/2021: sentenced to life imprisonment (treated as 30 years) starting from date of arrest and 12 strokes of the cane
  • KA-45-7-11/2021: sentenced to 2 years imprisonment starting from date of arrest and 3 strokes of the cane