Mohamad Najmi Bin Mohd Rejab [ ]

Mohamad Najmi Bin Mohd Rejab [ ]

The High Court dismissed the appellant's appeal against conviction because the magistrate's adverse credibility findings of prosecution witnesses were not shown to be manifestly against the weight of evidence, the prosecution had established a prima facie case including identity and possession of MDMA (5.81g), there was no new evidence to create reasonable doubt, and any failure to call Const. RF202554 did not prejudice the defence because his testimony was offered and the prosecution's documentary and oral evidence was clear.

Citation
PB-41S-3-10/2021 (Mahkamah Tinggi)
Parties
Appellant/accused: Mohamad Najmi bin Mohd Rejab; Respondent/prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 March 2023
Case Number
PB-41S-3-10/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Judgment at High Court (review of Magistrate's Conviction)
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Possession of Controlled Drug (mdma), Prima Facie Case, Credibility of Witnesses, Chain of Custody, Appeal on Findings of Fact
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Appellate Review Possession of Controlled Drug (mdma) Prima Facie Case Credibility of Witnesses Chain of Custody +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mohamad Najmi bin Mohd Rejab

Appellant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Appeal / Appeal Judgment at High Court (review of Magistrate's Conviction)

Legal Issues

  1. 1 Whether the prosecution proved identity of the drug as listed in the First Schedule of the Dangerous Drugs Act 1952
  2. 2 Whether the drug was in the possession of the accused
  3. 3 Whether the prosecution's witnesses (SP1/SP2) were credible and whether there was a break in chain of evidence

Ratio Decidendi

The High Court dismissed the appellant's appeal against conviction because the magistrate's adverse credibility findings of prosecution witnesses were not shown to be manifestly against the weight of evidence, the prosecution had established a prima facie case including identity and possession of MDMA (5.81g), there was no new evidence to create reasonable doubt, and any failure to call Const. RF202554 did not prejudice the defence because his testimony was offered and the prosecution's documentary and oral evidence was clear.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • Appeal dismissed
  • Conviction of the appellant affirmed