Roichan bin Maasum (I/C No: 701204-71-5115)

Roichan bin Maasum (I/C No: 701204-71-5115)

Keys and remote found on appellant, his physical proximity, his conduct when approached, and use of those keys/remotes to access vehicle and premises established custody and control and permitted inference of knowledge; possession and trafficking were proven independent of statutory presumption though s37(d) was invoked; appellant's defence was a bare denial and implausible (late disclosure of Supriadi); no suppression of material evidence by prosecution; therefore convictions and sentences were safe and appeal dismissed.

Citation
B-05(M)-370-8/2019 (Mahkamah Rayuan)
Parties
Appellant: Roichan bin Maasum; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
14 December 2021
Case Number
B-05(M)-370-8/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeal From High Court; Appeal Dismissed
Outcome
Appeal dismissed; High Court convictions and sentences affirmed
Legal Topics
Possession, Trafficking, Statutory Presumptions (s37(d), S37(da)), Burden of Proof, Adverse Inference (s114(g) Evidence Act), Conduct as Evidence (s8, S9 Evidence Act)
Source Language
Malay/English
Criminal Law Narcotics / Dangerous Drugs Law Evidence Law Appellate Review Possession Trafficking Statutory Presumptions (s37(d), S37(da)) Burden of Proof +2 more

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Parties

Roichan bin Maasum

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeal From High Court; Appeal Dismissed

Legal Issues

  1. 1 Whether prosecution proved custody, control and knowledge of drugs
  2. 2 Whether presumption under s37(d) DDA 1952 was properly invoked
  3. 3 Whether presumption of trafficking under s37(da) or independent evidence supports trafficking charge

Ratio Decidendi

Keys and remote found on appellant, his physical proximity, his conduct when approached, and use of those keys/remotes to access vehicle and premises established custody and control and permitted inference of knowledge; possession and trafficking were proven independent of statutory presumption though s37(d) was invoked; appellant's defence was a bare denial and implausible (late disclosure of Supriadi); no suppression of material evidence by prosecution; therefore convictions and sentences were safe and appeal dismissed.

Court Disposition

Appeal dismissed; High Court convictions and sentences affirmed

Orders

  • Conviction for trafficking (Charge 1) and death sentence affirmed
  • Conviction for possession (Charge 2) and sentence of 5 years imprisonment and 5 strokes of whipping affirmed