[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MAZIZ AFIQ BIN AWANG 2. ) Mahama Boraheng 3. ) WAN MOHAMAD KHAROY BIN AWANG

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MAZIZ AFIQ BIN AWANG 2. ) Mahama Boraheng 3. ) WAN MOHAMAD KHAROY BIN AWANG

Court found prosecution failed to prove a prima facie case against OKT2 and OKT3 because there was no credible evidence placing them in possession, control or knowledge of the drugs at the scene; however the prosecution adduced credible evidence against OKT1—he was driving the vehicle in which a specially constructed concealed compartment containing 3,381 grams of methamphetamine was found—so OKT1 was called to defence, thereafter convicted beyond reasonable doubt under s.39B(1)(a) Dangerous Drugs Act 1952 read with s.39B(2) and s.34 Penal Code; taking into account abolition of mandatory death penalty and case law, the court imposed 30 years' imprisonment from date of arrest and 12...

Citation
CB-45A-4-03/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Maziz Afiq bin Awang; Accused: Mahama Boraheng; Accused: Wan Mohamad Kharoy bin Awang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 September 2025
Case Number
CB-45A-4-03/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Trafficking) / Judgment and Sentencing (post Trial)
Outcome
OKT1 (Maziz Afiq bin Awang) convicted under s.39B(1)(a) Dangerous Drugs Act 1952 read with s.39B(2) and s.34 Penal Code; OKT2 (Mahama Boraheng) and OKT3 (Wan Mohamad Kharoy bin Awang) acquitted and discharged (no prima facie case)
Legal Topics
Prima Facie Test (s.180 Cpc), Judicial Intervention Under S.165 Evidence Act, Presumptions Re Concealed Drugs (s.37 Dangerous Drugs Act), Joint Liability (s.34 Penal Code), Abolition of Mandatory Death Penalty and Sentencing Discretion, Application of 'rarest of the Rare' Doctrine
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Sentencing Law Prima Facie Test (s.180 Cpc) Judicial Intervention Under S.165 Evidence Act Presumptions Re Concealed Drugs (s.37 Dangerous Drugs Act) Joint Liability (s.34 Penal Code) +2 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 22 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pendakwa Raya

Prosecutor

Maziz Afiq bin Awang

Accused

Mahama Boraheng

Accused

Wan Mohamad Kharoy bin Awang

Accused

Procedural Posture

Criminal (drug Trafficking) / Judgment and Sentencing (post Trial)

Legal Issues

  1. 1 Whether the prosecution adduced a prima facie case under s.180 CPC against each accused
  2. 2 Whether judicial questioning under s.165 Evidence Act improperly usurped prosecution's role
  3. 3 Whether s.37(h) or s.37(da) presumptions apply to owner/operator of vehicle where drugs found concealed

Ratio Decidendi

Court found prosecution failed to prove a prima facie case against OKT2 and OKT3 because there was no credible evidence placing them in possession, control or knowledge of the drugs at the scene; however the prosecution adduced credible evidence against OKT1—he was driving the vehicle in which a specially constructed concealed compartment containing 3,381 grams of methamphetamine was found—so OKT1 was called to defence, thereafter convicted beyond reasonable doubt under s.39B(1)(a) Dangerous Drugs Act 1952 read with s.39B(2) and s.34 Penal Code; taking into account abolition of mandatory death penalty and case law, the court imposed 30 years' imprisonment from date of arrest and 12...

Court Disposition

OKT1 (Maziz Afiq bin Awang) convicted under s.39B(1)(a) Dangerous Drugs Act 1952 read with s.39B(2) and s.34 Penal Code; OKT2 (Mahama Boraheng) and OKT3 (Wan Mohamad Kharoy bin Awang) acquitted and discharged (no prima facie case)

Orders

  • Convict OKT1 of trafficking 3,381 grams methamphetamine under s.39B(1)(a) ADB 1952 read with s.39B(2) and s.34 Penal Code
  • Sentence OKT1 to 30 years imprisonment from date of arrest (09 May 2020)