PENDAKWARAYA Public Prosecutor Sardar Ali Hassan Muhammad [W/Pakistan] [No. Passport: KH 455559]

PENDAKWARAYA Public Prosecutor Sardar Ali Hassan Muhammad [W/Pakistan] [No. Passport: KH 455559]

Appellant's conviction and death sentence affirmed because prosecution proved beyond reasonable doubt that appellant had actual possession with knowledge and engaged in trafficking (carrying/transporting into Malaysia); defence versions were rejected as unreliable and not raising reasonable doubt; defects in Consent To Prosecute were curable and did not occasion failure of justice.

Citation
B-05(M)-531-11/2017 (Mahkamah Rayuan)
Parties
Appellant: Sardar Ali Hassan Muhammad; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
11 August 2020
Case Number
B-05(M)-531-11/2017 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment (appeal Against Conviction and Sentence)
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Trafficking, Possession, Mens Rea, Duress, Consent to Prosecute, Credibility of Witnesses, Appeal Against Conviction and Sentence
Source Language
Malay/English
Criminal Law Drugs/narcotics Law Procedural Law Trafficking Possession Mens Rea Duress Consent to Prosecute +2 more

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Parties

Sardar Ali Hassan Muhammad

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment (appeal Against Conviction and Sentence)

Legal Issues

  1. 1 Whether appellant had knowledge of drugs and thus actual possession
  2. 2 Whether carrying/transporting constituted trafficking under s2 DDA 1952
  3. 3 Credibility of arresting officer and trial judge's findings

Ratio Decidendi

Appellant's conviction and death sentence affirmed because prosecution proved beyond reasonable doubt that appellant had actual possession with knowledge and engaged in trafficking (carrying/transporting into Malaysia); defence versions were rejected as unreliable and not raising reasonable doubt; defects in Consent To Prosecute were curable and did not occasion failure of justice.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction under s39B(1)(a) Dangerous Drugs Act 1952 upheld