[ ] Rossli Bin Abdullah

[ ] Rossli Bin Abdullah

Although chemist evidence established the nature and weight of substances and initial possession was proved by discovery in the apartment, prosecution failed to exclude access and control by others and did not produce potentially material CCTV evidence; defence evidence raised a reasonable doubt as to exclusive possession and carriage of the drugs and thus rebutted the presumption of trafficking so prosecution did not prove guilt beyond reasonable doubt; accused acquitted.

Citation
JA-45A-72-11/2019 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Rossli bin Abdullah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 November 2022
Case Number
JA-45A-72-11/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment (acquittal)
Outcome
Accused acquitted and discharged of all three charges.
Legal Topics
Trafficking, Possession, Prima Facie Case, Presumption of Trafficking, Reasonable Doubt, Acquittal
Source Language
Malay/English
Criminal Law Drugs Law Evidence Criminal Procedure Poison Act Trafficking Possession Prima Facie Case +3 more

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Parties

Public Prosecutor

Prosecution

Rossli bin Abdullah

Accused

Procedural Posture

Criminal Drug Trafficking / Judgment (acquittal)

Legal Issues

  1. 1 Whether prosecution established a prima facie case and proved guilt beyond reasonable doubt
  2. 2 Whether the accused had possession and exclusive control of the drugs found in the apartment
  3. 3 Whether statutory presumption of trafficking under s37(da) applied and if it was rebutted

Ratio Decidendi

Although chemist evidence established the nature and weight of substances and initial possession was proved by discovery in the apartment, prosecution failed to exclude access and control by others and did not produce potentially material CCTV evidence; defence evidence raised a reasonable doubt as to exclusive possession and carriage of the drugs and thus rebutted the presumption of trafficking so prosecution did not prove guilt beyond reasonable doubt; accused acquitted.

Court Disposition

Accused acquitted and discharged of all three charges.

Orders

  • Acquittal and discharge under Criminal Procedure Code s182A(3) dated 27 December 2022