PENDAKWARAYA Wan Chik bin Misran

PENDAKWARAYA Wan Chik bin Misran

Court found prosecution proved beyond reasonable doubt that accused had control, possession and knowledge of methamphetamine recovered from the drawer, chemical analysis confirmed net weight 5.29g within s.39A(1)(r) threshold, chain of custody was intact, informer status protected by s.40 DDA therefore no adverse inference, and convicted accused; sentenced to 3 years imprisonment and 3 strokes of the cane to run from 25.8.2020.

Citation
BH83D-40-01/2019 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Wan Chik bin Misran
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 August 2020
Case Number
BH83D-40-01/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs / Trial Judgment and Sentencing
Outcome
convicted
Legal Topics
Possession, Knowledge (mens Rea), Chain of Custody, Informer Privilege, Admissibility of Conduct Under S.27 Evidence Act, Chemical Analysis of Drugs, Sentencing Principles
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Sentencing Law Possession Knowledge (mens Rea) Chain of Custody Informer Privilege +3 more

Case Brief

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Parties

Public Prosecutor

Prosecutor

Wan Chik bin Misran

Accused

Procedural Posture

Criminal Dangerous Drugs / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether accused had possession, control or custody of the drugs
  2. 2 Whether accused had knowledge of the nature of the drugs (mens rea)
  3. 3 Whether chain of custody and identification of exhibits was intact

Ratio Decidendi

Court found prosecution proved beyond reasonable doubt that accused had control, possession and knowledge of methamphetamine recovered from the drawer, chemical analysis confirmed net weight 5.29g within s.39A(1)(r) threshold, chain of custody was intact, informer status protected by s.40 DDA therefore no adverse inference, and convicted accused; sentenced to 3 years imprisonment and 3 strokes of the cane to run from 25.8.2020.

Court Disposition

convicted

Orders

  • Convicted under s.12(2) Dangerous Drugs Act 1952; sentenced under s.39A(1)(r) Dangerous Drugs Act 1952 to 3 years imprisonment and 3 strokes of the cane
  • Sentence to run from 25.8.2020