PENDAKWARAYA 1. ) MOHD SYAWAL BIN MAT SAAD 2. ) NORZALIZA BTE MOHD HATAR

PENDAKWARAYA 1. ) MOHD SYAWAL BIN MAT SAAD 2. ) NORZALIZA BTE MOHD HATAR

The court held that prosecution proved the identity and charged weight of methamphetamine through unchallenged chemical analysis and maintained chain of custody; the drugs were found openly on a living room table in premises controlled by both accused, supported by keys, matching clothing and DNA linking items to each accused and their refusal to open the door; from these circumstances the court inferred possession, knowledge and a common intention to possess, and therefore convicted both accused under Section 12(2) ADB 1952 as readable with Section 39A(2) and Section 34 KC.

Citation
WA-62D-779-11/2019 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: MOHD SYAWAL BIN MAT SAAD; Accused: NORZALIZA BTE MOHD HATAR
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 April 2021
Case Number
WA-62D-779-11/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial Judgment and Sentencing
Outcome
Both accused convicted.
Legal Topics
Possession of Controlled Substances, Chain of Custody, Common Intention/section 34, Prima Facie Burden, DNA Evidence, Chemical Analysis, Sentencing
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Forensic Science Possession of Controlled Substances Chain of Custody Common Intention/section 34 Prima Facie Burden +3 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 6 Authorities cited 28 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

PENDAKWA RAYA

Prosecution

MOHD SYAWAL BIN MAT SAAD

Accused

NORZALIZA BTE MOHD HATAR

Accused

Procedural Posture

Criminal / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved identity and weight of drug
  2. 2 Whether accused had possession and knowledge of the drugs
  3. 3 Whether accused shared common intention to possess (joint possession)

Ratio Decidendi

The court held that prosecution proved the identity and charged weight of methamphetamine through unchallenged chemical analysis and maintained chain of custody; the drugs were found openly on a living room table in premises controlled by both accused, supported by keys, matching clothing and DNA linking items to each accused and their refusal to open the door; from these circumstances the court inferred possession, knowledge and a common intention to possess, and therefore convicted both accused under Section 12(2) ADB 1952 as readable with Section 39A(2) and Section 34 KC.

Court Disposition

Both accused convicted.

Orders

  • MOHD SYAWAL BIN MAT SAAD: sentenced to 8 years imprisonment from 23.8.2019 and 10 strokes of the cane.
  • NORZALIZA BTE MOHD HATAR: sentenced to 8 years imprisonment from 23.8.2019.