Winfred Mukiri Nkiiri

Winfred Mukiri Nkiiri

The Court upheld the trial judge's factual findings that the appellant had custody and control of the two bags and failed, on the balance of probabilities, to rebut the statutory presumption under s37(d) of the Dangerous Drugs Act 1952; the circumstances supported an inference of willful blindness and intent to traffic; therefore the conviction for trafficking and the mandatory death sentence under s39B(2) were properly imposed and are affirmed.

Citation
B-05(M)-369-08/2019 (Mahkamah Rayuan)
Parties
Appellant: Winfred Mukiri Nkiiri; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
B-05(M)-369-08/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Decision on Appeal (court of Appeal)
Outcome
Appeal dismissed
Legal Topics
Trafficking, Possession, Presumption of Knowledge, Willful Blindness, Innocent Carrier Defence, Death Penalty Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Procedure Trafficking Possession Presumption of Knowledge Willful Blindness +2 more

Case Brief

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Parties

Winfred Mukiri Nkiiri

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Decision on Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the trial judge erred in rejecting the defence of innocent carrier
  2. 2 Whether the presumption under section 37(d) Dangerous Drugs Act 1952 was properly applied
  3. 3 Whether the doctrine of willful blindness applied and rebuts the innocent carrier defence

Ratio Decidendi

The Court upheld the trial judge's factual findings that the appellant had custody and control of the two bags and failed, on the balance of probabilities, to rebut the statutory presumption under s37(d) of the Dangerous Drugs Act 1952; the circumstances supported an inference of willful blindness and intent to traffic; therefore the conviction for trafficking and the mandatory death sentence under s39B(2) were properly imposed and are affirmed.

Court Disposition

Appeal dismissed

Orders

  • Conviction for trafficking under section 39B(1)(a) Dangerous Drugs Act 1952 affirmed
  • Death sentence under section 39B(2) Dangerous Drugs Act 1952 affirmed