Malaysia Case Law: Decisions & Judgments

Topic

Dangerous drugs act 1952 s.39b

Legal area

Court

20 May 2024

HASIBULLAH BIN MOHD GHAZALI

Citation

A-05(H)-276-08/2023 (Mahkamah Rayuan)
Court

H
Case number

A-05(H)-276-08/2023 (Mahkamah Rayuan)

Act 846 did not amend the meaning of life imprisonment in s.39B(2) DDA; life imprisonment must be read with s.3 Criminal Justice Act 1953 (deemed 30 years). The High Court's sentence was not in accordance with law and required correction. The appeal is allowed and the sentence is substituted with 10 years' imprisonment from the date of arrest; whipping exempted.
8 Jan 2024

SHAHFARY BIN SABRI [ ]

Citation

W-05(M)-174-04/2021 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-174-04/2021 (Mahkamah Rayuan)

Conviction affirmed because prosecution proved identity and weight of the methamphetamine (149.5g) by admissible chemical report and unbroken chain of custody; trial judge's acceptance of SP4's evidence that the drugs were found concealed on the appellant's person was credible and unrebutted; s.114(g) was inapplicable because non-called co-occupants and CCTV were not material to a recovery from the accused's body; appellant failed to rebut s.37(da); death sentence set aside and substituted with imprisonment for life and 12 strokes under the 2022 Act.
6 Mar 2018

MOHAMMED IDREES CONTRACTOR

Citation

B-05(M)-307-08/2016 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-307-08/2016 (Mahkamah Rayuan)

The Court found no reversible error in the trial judge's assessment of facts and credibility: chemical analysis, DNA, baggage tags and surrounding circumstances supported findings of control and knowledge; the innocent carrier explanation was implausible and wilful blindness applied; thus the conviction under s.39B and resultant sentence were upheld.

Malaysia Case Law

HASIBULLAH BIN MOHD GHAZALI

SHAHFARY BIN SABRI [ ]

MOHAMMED IDREES CONTRACTOR