12 Oct 2022
Azhar Bin Ibrahim [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- CB-41S(A)-4-08/2021 (Mahkamah Tinggi)
- Court
- A
- Case number
- CB-41S(A)-4-08/2021 (Mahkamah Tinggi)
Conviction was upheld because the prosecution proved a prima facie case and the urine sample and chemical analysis were reliable notwithstanding use of a single bottle and absence of an explicit statement invoking s.37(k); however the sentence was quashed and substituted because the Magistrate failed to give appropriate weight to the statutory rehabilitation scheme and first-offence mitigation, warranting reduction to a fine with supervision under s.38B.
- Presumption under s.37(k) dangerous drugs act 1952
- Urine sample chain of custody
- Two-bottle requirement for urine tests
- Supervision order under s.38b dangerous drugs act 1952
- Increased penalty under s.39c dangerous drugs act 1952