[ ] Wan Mohd Herdy Bin Wan Hamid

[ ] Wan Mohd Herdy Bin Wan Hamid

Court accepted chemist analysis and intact chain of custody; found drugs in defendant's backpack alongside his personal items and driving licence, inferred physical control and knowledge from circumstances and flight behavior; statutory presumption of trafficking applied to methamphetamine >50g; defence account...

Source-derived case information.

Citation
BA-45A-31-06/2020 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Wan Mohd Herdy bin Wan Hamid
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 August 2022
Case Number
BA-45A-31-06/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Trial Concluded — Judgment and Sentence
Outcome
Defendant convicted on all three counts; sentenced to death for trafficking (methamphetamine) and three years imprisonment concurrently for possession counts.
Legal Topics
Trafficking, Possession, Statutory Presumption, Chain of Custody, Mens Rea, Sentencing (death Penalty)
Criminal Law Narcotics Law Evidence Law Criminal Procedure Trafficking Possession Statutory Presumption Chain of Custody +2 more

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Parties

Pendakwa Raya

Prosecution

Wan Mohd Herdy bin Wan Hamid

Defendant

Procedural Posture

Criminal Trial / Trial Concluded — Judgment and Sentence

Legal Issues

  1. 1 Whether prosecution proved possession and knowledge of the drugs
  2. 2 Whether statutory presumption of trafficking under s.37(da) Dangerous Drugs Act 1952 applies
  3. 3 Whether prosecution proved guilt beyond reasonable doubt

Ratio Decidendi

Court accepted chemist analysis and intact chain of custody; found drugs in defendant's backpack alongside his personal items and driving licence, inferred physical control and knowledge from circumstances and flight behavior; statutory presumption of trafficking applied to methamphetamine >50g; defence account discredited as afterthought and materially inconsistent; prosecution proved all elements beyond reasonable doubt, warranting conviction and prescribed sentences.

Court Disposition

Defendant convicted on all three counts; sentenced to death for trafficking (methamphetamine) and three years imprisonment concurrently for possession counts.

Orders

  • Convicted under s.39B(1)(a) Dangerous Drugs Act 1952 for trafficking Methamphetamine (net 92.91g)
  • Sentenced to death by hanging pursuant to s.277 Criminal Procedure Code as provided under s.39B(2) DDA for the trafficking offence