MUHAMAD SHAHARUDIN BIN SHAIK ALUDEEN

MUHAMAD SHAHARUDIN BIN SHAIK ALUDEEN

The appellate court found no error in the magistrate's positive evaluation: prosecution complied with statutory procedures, chain of custody and forensic analysis confirmed presence of THC, statutory presumption under s37(k) applied, defence evidence failed to raise reasonable doubt; therefore conviction under s15(1)(a) ADB and sentence were properly upheld.

Citation
RA-41H(A)-2-08/2021 (Mahkamah Tinggi)
Parties
Appellant/accused: Muhamad Shaharudin bin Shaik Alauudeen; Respondent/prosecution: Pendakwa Raya
Court
A
Jurisdiction
Malaysia
Judgment Date
27 July 2023
Case Number
RA-41H(A)-2-08/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence (appeal Against Conviction) / Appellate Judgment (appeal Dismissed)
Outcome
Appeal dismissed; conviction and sentence of Magistrate upheld
Legal Topics
Use of Controlled Substance, Presumptions Under Drug Legislation, Prima Facie Test, Chain of Custody, Admissibility of Forensic Evidence, Sentencing
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedural Law Use of Controlled Substance Presumptions Under Drug Legislation Prima Facie Test Chain of Custody +2 more

Case Brief

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Parties

Muhamad Shaharudin bin Shaik Alauudeen

Appellant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Drug Offence (appeal Against Conviction) / Appellate Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether prosecution established a prima facie case at the close of its case
  2. 2 Whether the defence raised reasonable doubt sufficient to overturn the prosecution case
  3. 3 Whether prosecution proved the charge beyond reasonable doubt after full trial

Ratio Decidendi

The appellate court found no error in the magistrate's positive evaluation: prosecution complied with statutory procedures, chain of custody and forensic analysis confirmed presence of THC, statutory presumption under s37(k) applied, defence evidence failed to raise reasonable doubt; therefore conviction under s15(1)(a) ADB and sentence were properly upheld.

Court Disposition

Appeal dismissed; conviction and sentence of Magistrate upheld

Orders

  • Conviction under s15(1)(a) Akta Dadah Berbahaya 1952 upheld
  • Sentence upheld: RM5,000 fine, failing which 12 months imprisonment, and 2 years supervision