30 Mar 2021
PENDAKWARAYA GENASAN A/L A.J. KARUPPIAH
- Citation
- WA-62D-689-10/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-62D-689-10/2019 (Mahkamah Sesyen)
Prosecution proved all elements: Morphine detected in the accused's urine by a lawful s31A procedure with adequate chain of custody and confirmed by chemist report; statutory presumption under s37(k) applied and was unrebutted because defence denials were unsupported and alibi procedure not complied with; prior convictions established the offender as repeat offender such that increased penalties under s39C(1) applied; therefore accused convicted under s15(1)(a) read with s39C(1) and sentenced accordingly.
- Self‑administration under s15(1)(a) dangerous drugs act 1952
- Increased penalty under s39c(1) dangerous drugs act 1952
- Presumptions under s37(k) dangerous drugs act 1952
- Urine testing and s31a procedure
- Prima facie standard under s180 cpc
- Alibi procedure under s402a cpc