Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Possession of dangerous drugs (nimetazepam)
  • 17 Jan 2020

    PENDAKWARAYA MOHAMMAD HABIBULLAH BIN MOHD NADZRI

    Citation
    45-16-05/2017 & 45A-45-05/2017 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    45-16-05/2017 & 45A-45-05/2017 (Mahkamah Tinggi)

    Prosecution evidence was credible and reliable: eyewitness police witnesses consistently observed the accused holding the revolver with his finger on the trigger, heard the accused utter threats, a discharge occurred and ballistic and forensic analysis linked the cartridge and pill to the exhibited items; defence account of accidental discharge was untested and implausible given the totality of evidence and admissions by accused; therefore all elements of s3 Firearms Act 1971 and s12(2) Dangerous Drugs Act 1952 were proven beyond reasonable doubt and the accused was convicted and sentenced ac…

    • Discharge of firearm with intent
    • Possession of dangerous drugs (nimetazepam)
    • Prima facie test under s180 cpc
    • Mens rea and intent
    • Credibility and maximum evaluation of witnesses
    • S3 firearms (increased penalties) act 1971