1. ) HAFIZ BIN ZUBER SAID 2. ) SAMSOR BIN HASHIM 3. ) ROHIZUAN BIN RODZI

1. ) HAFIZ BIN ZUBER SAID 2. ) SAMSOR BIN HASHIM 3. ) ROHIZUAN BIN RODZI

The prosecution failed to prove essential elements of the offence — possession, custody, control and knowledge — because the drug was found on the ground outside the vehicle with no direct physical or forensic link to any accused and no evidence identifying who threw it; consequently there was no basis to infer common intention or to call the accused to enter defence, and the accused were acquitted and discharged for lack of a prima facie case.

Citation
AA-62D-293-09/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused: Hafiz bin Zuber Said; Accused: Samsor bin Hashim; Accused: Rohizuan bin Rodzi
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 February 2024
Case Number
AA-62D-293-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Trial (prosecution Appeal) / Acquittal at End of Prosecution Case; Prosecution Filed Appeal Against Acquittal on First Charge
Outcome
Acquitted and discharged (no prima facie case established)
Legal Topics
Possession, Custody, Control, Knowledge, Common Intention, Prima Facie Case, Acquittal
Source Language
Malay/English
Criminal Law Dangerous Drugs Act 1952 Poisons Act 1952 Penal Code Possession Custody Control Knowledge +3 more

Case Brief

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Parties

Public Prosecutor

Prosecutor

Hafiz bin Zuber Said

Accused

Samsor bin Hashim

Accused

Rohizuan bin Rodzi

Accused

Procedural Posture

Criminal Trial (prosecution Appeal) / Acquittal at End of Prosecution Case; Prosecution Filed Appeal Against Acquittal on First Charge

Legal Issues

  1. 1 Whether the prosecution proved possession of 52.61 grams of cannabis by the accused
  2. 2 Whether custody and control of the drugs by the accused were established
  3. 3 Whether the accused had knowledge of the drugs

Ratio Decidendi

The prosecution failed to prove essential elements of the offence — possession, custody, control and knowledge — because the drug was found on the ground outside the vehicle with no direct physical or forensic link to any accused and no evidence identifying who threw it; consequently there was no basis to infer common intention or to call the accused to enter defence, and the accused were acquitted and discharged for lack of a prima facie case.

Court Disposition

Acquitted and discharged (no prima facie case established)

Orders

  • Acquit and discharge all three accused persons of the charges without calling them to enter their defence