TAMILARASEN A/L MOHAN [Timbalan (TPR), Jabatan Peguam Negara]

TAMILARASEN A/L MOHAN [Timbalan (TPR), Jabatan Peguam Negara]

The conviction and sentence were set aside because the trial judge's grounds contained manifest and material factual misdirections (notably a contradictory finding that drugs were on the accused's person when evidence showed they were in a brown paper bag in the motorcycle basket) which prejudiced the accused's defence on possession and trafficking, rendering the conviction unsafe.

Citation
B-05(SH)-24-01/2025 (Mahkamah Rayuan)
Parties
Appellant/accused: Tamilarasen A/L Mohan; Respondent: Public Prosecutor
Court
SH
Jurisdiction
Malaysia
Judgment Date
2 October 2025
Case Number
B-05(SH)-24-01/2025 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (trafficking Under Dangerous Drugs Act 1952) / Determination of Appeal; Judgment Delivered
Outcome
Conviction and sentence set aside
Legal Topics
Trafficking, Possession, Presumption of Knowledge (s37(d) Dda), Misdirection of Facts, Grounds of Judgment
Source Language
Malay/English
Criminal Law Drug Offences Evidence Appellate Procedure Trafficking Possession Presumption of Knowledge (s37(d) Dda) Misdirection of Facts +1 more

Case Brief

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Parties

Tamilarasen A/L Mohan

Appellant/accused

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal (trafficking Under Dangerous Drugs Act 1952) / Determination of Appeal; Judgment Delivered

Legal Issues

  1. 1 Trial judge confused material facts with another case leading to contradictory findings
  2. 2 Admissibility and reliance on hearsay (tip-off) evidence by arresting officer
  3. 3 Misapplication of presumption of knowledge under s37(d) DDA alongside findings of direct knowledge

Ratio Decidendi

The conviction and sentence were set aside because the trial judge's grounds contained manifest and material factual misdirections (notably a contradictory finding that drugs were on the accused's person when evidence showed they were in a brown paper bag in the motorcycle basket) which prejudiced the accused's defence on possession and trafficking, rendering the conviction unsafe.

Court Disposition

Conviction and sentence set aside

Orders

  • Conviction set aside
  • Sentence of 30 years imprisonment and 12 strokes of whipping set aside