VIGNESVARAN A/L KRISHNAN [ ]

VIGNESVARAN A/L KRISHNAN [ ]

The Court held the prosecution proved a negotiated sale (trafficking) beyond reasonable doubt through credible agent provocateurs and corroborated contemporaneous documentation; chain of custody was established by markings and witness identification so no break; telephone records were not material to require adverse inference; common intention and control/knowledge were inferable from the accuseds' conduct; the trial judge's interventions were lawful under s165 and s182A CPC was substantively satisfied; convictions and mandatory death sentences were affirmed.

Citation
B-05(M)-275-06/2019 (Mahkamah Rayuan)
Parties
Appellant: Vignesvaran a/l Krishnan; Appellant: Vickneswaran a/l Sassie; Appellant: Sathan a/l Sekar; Appellant: Shamugasundram a/l Perumal; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
24 February 2023
Case Number
B-05(M)-275-06/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal From High Court Conviction and Sentence
Outcome
Appeal dismissed; High Court conviction and sentences affirmed
Legal Topics
Trafficking, Chain of Custody, Common Intention, Adverse Inference, Judicial Intervention, Mandatory Death Penalty, Section 39 B Dangerous Drugs Act, Section 34 Penal Code, Section 165 Evidence Act, Section 182 a Criminal Procedure Code
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Criminal Procedure Trafficking Chain of Custody Common Intention Adverse Inference +6 more

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Parties

Vignesvaran a/l Krishnan

Appellant

Vickneswaran a/l Sassie

Appellant

Sathan a/l Sekar

Appellant

Shamugasundram a/l Perumal

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Conviction and Sentence

Legal Issues

  1. 1 Whether there was a break in the chain of custody creating doubt as to the identity of the drugs
  2. 2 Whether the trial judge should have drawn an adverse inference under section 114(g) Evidence Act 1950 for non-production of telephone records and SIM cards
  3. 3 Whether the police failed to investigate confiscated telephones and whether that failure was material

Ratio Decidendi

The Court held the prosecution proved a negotiated sale (trafficking) beyond reasonable doubt through credible agent provocateurs and corroborated contemporaneous documentation; chain of custody was established by markings and witness identification so no break; telephone records were not material to require adverse inference; common intention and control/knowledge were inferable from the accuseds' conduct; the trial judge's interventions were lawful under s165 and s182A CPC was substantively satisfied; convictions and mandatory death sentences were affirmed.

Court Disposition

Appeal dismissed; High Court conviction and sentences affirmed

Orders

  • Appeal dismissed
  • High Court convictions and mandatory death sentences under section 39B(1)(a) read with section 39B(2) Dangerous Drugs Act 1952 and section 34 Penal Code affirmed