PENDAKWARAYA Pendakwaraya Saifullah bin Zainal

PENDAKWARAYA Pendakwaraya Saifullah bin Zainal

The court accepted the police account, found the recovered sling bag belonged to the accused, held the chain of custody and chemist analysis were intact and unshaken, and concluded the prosecution proved beyond reasonable doubt that the accused trafficked 92.13g methamphetamine; convicted under s39B(2) DDA 1952 and sentenced to death, with concurrent 2-year terms for the other drug possession charges starting 15.8.2017.

Citation
PA-45A-19-03/2018 & PA-45A-20-03/2018 (Mahkamah Tinggi)
Parties
Accused: Saifullah bin Zainal; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 November 2019
Case Number
PA-45A-19-03/2018 & PA-45A-20-03/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment and Sentencing
Outcome
Accused convicted on all counts and sentenced
Legal Topics
Drug Trafficking, Possession, Burden of Proof, Chain of Custody, Credibility of Witnesses, Sentencing Capital Punishment
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedural Law Drug Trafficking Possession Burden of Proof Chain of Custody +2 more

Case Brief

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Parties

Saifullah bin Zainal

Accused

Public Prosecutor

Respondent

Procedural Posture

Criminal Drug Trafficking / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved beyond reasonable doubt that accused trafficked methamphetamine (92.13g)
  2. 2 Whether accused had possession of cannabis (5.99g) and nimetazepam (0.19g)
  3. 3 Whether chain of custody from seizure to chemist analysis was intact

Ratio Decidendi

The court accepted the police account, found the recovered sling bag belonged to the accused, held the chain of custody and chemist analysis were intact and unshaken, and concluded the prosecution proved beyond reasonable doubt that the accused trafficked 92.13g methamphetamine; convicted under s39B(2) DDA 1952 and sentenced to death, with concurrent 2-year terms for the other drug possession charges starting 15.8.2017.

Court Disposition

Accused convicted on all counts and sentenced

Orders

  • Sentence of death imposed under section 39B(2) Dangerous Drugs Act 1952 for trafficking methamphetamine (92.13 grams)
  • Imprisonment for 2 years for possession of cannabis (5.99 grams) under section 6 Dangerous Drugs Act 1952, to run concurrently