PENDAKWARAYA Timbalan Zahri bin Md Amin

PENDAKWARAYA Timbalan Zahri bin Md Amin

On the facts the court concluded prosecution proved beyond reasonable doubt that the accused had direct possession and knowledge of methamphetamine totalling 5.29 grams, the chain of custody was intact, the informer was lawfully protected from disclosure under s40 and no adverse inference was drawn; convicted under s12(2) Dangerous Drugs Act 1952 and sentenced under s39A(1)(r).

Citation
BH83-352-02/2020 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Defendant: Wan Chik bin Misran
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 February 2020
Case Number
BH83-352-02/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Possession / Trial Judgment
Outcome
Guilty; convicted under section 12(2) Dangerous Drugs Act 1952 and sentenced under section 39A(1)(r) Dangerous Drugs Act 1952
Legal Topics
Possession of Controlled Drugs, Knowledge (mens Rea), Chain of Custody, Informers (s40 Dangerous Drugs Act), S27 Evidence Act (discovery), Expert Chemical Analysis
Source Language
Malay/English
Criminal Law Evidence Drug Offences Sentencing Possession of Controlled Drugs Knowledge (mens Rea) Chain of Custody Informers (s40 Dangerous Drugs Act) +2 more

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Parties

Public Prosecutor

Prosecutor

Wan Chik bin Misran

Defendant

Procedural Posture

Criminal Drug Possession / Trial Judgment

Legal Issues

  1. 1 whether accused had possession, custody or control of methamphetamine
  2. 2 whether accused had knowledge of the nature of the drug
  3. 3 whether chain of custody of exhibits was preserved

Ratio Decidendi

On the facts the court concluded prosecution proved beyond reasonable doubt that the accused had direct possession and knowledge of methamphetamine totalling 5.29 grams, the chain of custody was intact, the informer was lawfully protected from disclosure under s40 and no adverse inference was drawn; convicted under s12(2) Dangerous Drugs Act 1952 and sentenced under s39A(1)(r).

Court Disposition

Guilty; convicted under section 12(2) Dangerous Drugs Act 1952 and sentenced under section 39A(1)(r) Dangerous Drugs Act 1952

Orders

  • Accused convicted as charged under s12(2) Dangerous Drugs Act 1952
  • Sentence: 3 years imprisonment and 3 strokes (sebatan) under s39A(1)(r) Dangerous Drugs Act 1952