Sidrey Shalod Dike [Jabatan Peguam Negara]

Sidrey Shalod Dike [Jabatan Peguam Negara]

The trial judge's findings that the appellant had custody, control and knowledge of the drugs were supported by consistent prosecution evidence (signing delivery under false names, conduct at delivery, attempt to flee) and the asserted third-party alibi (Johnson John) was found fictitious after adequate investigation; therefore prima facie case stood and the appellant failed to rebut the presumption of trafficking, so the Court of Appeal affirms conviction and mandatory death sentence.

Citation
W-05(M)-596-12/2018 (Mahkamah Rayuan)
Parties
Appellant: Sidrey Shalod Dike; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
14 February 2022
Case Number
W-05(M)-596-12/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (drug Trafficking) / Court of Appeal Judgment (appeal Heard and Decided)
Outcome
Appeal dismissed; conviction and death sentence affirmed.
Legal Topics
Possession and Knowledge, Presumption of Trafficking (dangerous Drugs Act 1952), Mandatory Death Penalty, Burden of Proof and Inferences, Credibility of Witnesses, Investigative Duty of Prosecution
Source Language
Malay/English
Criminal Law Drug Offences Appellate Procedure Evidence Possession and Knowledge Presumption of Trafficking (dangerous Drugs Act 1952) Mandatory Death Penalty Burden of Proof and Inferences +2 more

Case Brief

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Parties

Sidrey Shalod Dike

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (drug Trafficking) / Court of Appeal Judgment (appeal Heard and Decided)

Legal Issues

  1. 1 Whether the appellant had possession and power of disposal of the drugs
  2. 2 Whether the appellant had knowledge of the contents of the packages or merely momentary custody
  3. 3 Whether the investigating officer failed to investigate material aspects of the appellant's defence (existence of 'Johnson John')

Ratio Decidendi

The trial judge's findings that the appellant had custody, control and knowledge of the drugs were supported by consistent prosecution evidence (signing delivery under false names, conduct at delivery, attempt to flee) and the asserted third-party alibi (Johnson John) was found fictitious after adequate investigation; therefore prima facie case stood and the appellant failed to rebut the presumption of trafficking, so the Court of Appeal affirms conviction and mandatory death sentence.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed.

Orders

  • Appeal dismissed
  • Order of the High Court dated 30.11.2018 affirmed