PENDAKWARAYA Pendakwaraya 1. Chris Christian 2. Mbachu Stephen Chibuzo 3. Mbuga Vincent

PENDAKWARAYA Pendakwaraya 1. Chris Christian 2. Mbachu Stephen Chibuzo 3. Mbuga Vincent

On the evidence the court found the chemist report established the substance as Methamphetamine totalling 720.7 grams and the chain of custody was intact; PW3 (AP) and PW2 identified the accused and described the negotiated transaction and physical showing of the drugs; the conduct and packaging and direct showing to PW3 established trafficking and, on the facts, common intention under s34; OKT1's innocent carrier claim was rejected as wilful blindness; OKT2 and OKT3 denials were disbelieved; therefore prosecution proved all elements beyond reasonable doubt and conviction under s39B(1)(a) DDA followed by mandatory death sentence under s39B(2).

Citation
WA-45A-64-10/2017 (Mahkamah Tinggi)
Parties
Prosecutor: PUBLIC PROSECUTOR; Accused: CHRIS CHRISTIAN; Accused: MBACHU STEPHEN CHIBUZO; Accused: MBUGA VINCENT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 July 2020
Case Number
WA-45A-64-10/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal / Trial Judgment Conviction and Sentencing
Outcome
OKT1, OKT2 and OKT3 convicted of trafficking under Section 39B(1)(a) Dangerous Drugs Act 1952 read with Section 34 Penal Code; sentenced to death by hanging under Section 39B(2) DDA
Legal Topics
Trafficking, Possession, Chain of Custody, Agent Provocateur, Common Intention, Wilful Blindness, Adverse Inference, Death Penalty
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Trafficking Possession Chain of Custody Agent Provocateur Common Intention +3 more

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Parties

PUBLIC PROSECUTOR

Prosecutor

CHRIS CHRISTIAN

Accused

MBACHU STEPHEN CHIBUZO

Accused

MBUGA VINCENT

Accused

Procedural Posture

Criminal / Trial Judgment Conviction and Sentencing

Legal Issues

  1. 1 Whether the seized substance was a dangerous drug under the Dangerous Drugs Act
  2. 2 Whether the accused were in possession of the drugs
  3. 3 Whether the accused were trafficking the drugs

Ratio Decidendi

On the evidence the court found the chemist report established the substance as Methamphetamine totalling 720.7 grams and the chain of custody was intact; PW3 (AP) and PW2 identified the accused and described the negotiated transaction and physical showing of the drugs; the conduct and packaging and direct showing to PW3 established trafficking and, on the facts, common intention under s34; OKT1's innocent carrier claim was rejected as wilful blindness; OKT2 and OKT3 denials were disbelieved; therefore prosecution proved all elements beyond reasonable doubt and conviction under s39B(1)(a) DDA followed by mandatory death sentence under s39B(2).

Court Disposition

OKT1, OKT2 and OKT3 convicted of trafficking under Section 39B(1)(a) Dangerous Drugs Act 1952 read with Section 34 Penal Code; sentenced to death by hanging under Section 39B(2) DDA

Orders

  • Convict OKT1 (CHRIS CHRISTIAN), OKT2 (MBACHU STEPHEN CHIBUZO) and OKT3 (MBUGA VINCENT) as charged under Section 39B(1)(a) DDA read with Section 34 Penal Code
  • Sentence each accused to death by hanging pursuant to Section 39B(2) Dangerous Drugs Act 1952