SHAIRUL FIKIN BIN MOHD JAIB

SHAIRUL FIKIN BIN MOHD JAIB

The accused was convicted because the prosecution proved beyond reasonable doubt that he had custody and exclusive control of the pot containing 42 packages of Mitragynine (chemist report 33.60 litres), he led police to its discovery thereby demonstrating knowledge, the statutory presumption under section 30(4) Poisons Act was properly invoked and not rebutted, and the conduct of pointing was admissible under sections 27 and 8 of the Evidence Act; accordingly guilty under section 30(3) Poisons Act 1952 and sentenced to a fine of RM6,000 or 12 months' imprisonment in default.

Citation
MC-82D-8-05/2023 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Shairul Fikin bin Mohd Jaib
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 March 2025
Case Number
MC-82D-8-05/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Possession of Psychotropic Substance (poisons Act 1952) / Trial Judgment and Sentencing (conviction)
Outcome
Accused convicted under section 30(3) Poisons Act 1952
Legal Topics
Possession, Mens Rea, Actus Reus, Admissibility of Evidence (s27, S8 Evidence Act), Statutory Presumption (s30(4) Poisons Act), Cautioning of Accused, Investigation Sufficiency, Mitigation
Source Language
Malay/English
Criminal Law Evidence Law Sentencing Statutory Interpretation Procedure Possession Mens Rea Actus Reus +5 more

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Parties

Public Prosecutor

Prosecution

Shairul Fikin bin Mohd Jaib

Accused

Procedural Posture

Criminal Possession of Psychotropic Substance (poisons Act 1952) / Trial Judgment and Sentencing (conviction)

Legal Issues

  1. 1 Whether the accused's pointing to the pot and any admissions were admissible despite no caution being administered
  2. 2 Whether the investigation was insufficient or shoddy and created reasonable doubt
  3. 3 Whether the accused had possession, custody or control (actus reus) of the Mitragynine liquid

Ratio Decidendi

The accused was convicted because the prosecution proved beyond reasonable doubt that he had custody and exclusive control of the pot containing 42 packages of Mitragynine (chemist report 33.60 litres), he led police to its discovery thereby demonstrating knowledge, the statutory presumption under section 30(4) Poisons Act was properly invoked and not rebutted, and the conduct of pointing was admissible under sections 27 and 8 of the Evidence Act; accordingly guilty under section 30(3) Poisons Act 1952 and sentenced to a fine of RM6,000 or 12 months' imprisonment in default.

Court Disposition

Accused convicted under section 30(3) Poisons Act 1952

Orders

  • Accused is fined RM6,000.00 or in default of payment to undergo 12 months imprisonment