[ ] 1. ) Mohd Nor Hidayat Bin Mat Din 2. ) Muhammad Rosside Bin Rosli

[ ] 1. ) Mohd Nor Hidayat Bin Mat Din 2. ) Muhammad Rosside Bin Rosli

Prosecution proved identity and large weights of drugs, an unbroken chain of custody and direct discovery in OKT1's vehicle; statutory presumptions of trafficking were triggered by the quantities; defence failed to rebut those presumptions on the balance of probabilities and failed to raise reasonable doubt; therefore proof beyond reasonable doubt was established and convictions and sentences affirmed.

Citation
KA-45A-49-10/2017 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: MOHD NOR HIDAYAT BIN MAT DIN; Accused: MUHAMMAD ROSSIDE BIN ROSLI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 May 2025
Case Number
KA-45A-49-10/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal/judgment / Judgment on Appeal (final)
Outcome
appeal dismissed; convictions and sentences affirmed
Legal Topics
Trafficking, Possession, Statutory Presumption, Chain of Custody, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Trafficking Possession Statutory Presumption Chain of Custody Sentencing

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

MOHD NOR HIDAYAT BIN MAT DIN

Accused

MUHAMMAD ROSSIDE BIN ROSLI

Accused

Procedural Posture

Criminal Appeal/judgment / Judgment on Appeal (final)

Legal Issues

  1. 1 Whether prosecution made out a prima facie case at the close of prosecution case
  2. 2 Whether defence rebutted the statutory presumption of trafficking under s37(da)(iiia) and s37(da)(xvi) ADB on balance of probabilities
  3. 3 Whether prosecution proved guilt beyond reasonable doubt at conclusion of trial

Ratio Decidendi

Prosecution proved identity and large weights of drugs, an unbroken chain of custody and direct discovery in OKT1's vehicle; statutory presumptions of trafficking were triggered by the quantities; defence failed to rebut those presumptions on the balance of probabilities and failed to raise reasonable doubt; therefore proof beyond reasonable doubt was established and convictions and sentences affirmed.

Court Disposition

appeal dismissed; convictions and sentences affirmed

Orders

  • Both accused convicted on both counts of trafficking under s39B(1)(a) Dangerous Drugs Act 1952 read with s34 Penal Code
  • Each accused sentenced to 30 years imprisonment and 12 strokes for each count; imprisonments to run concurrently from date of arrest