8 Nov 2023
MUHAMMAD IRWAN BUNMA BIN ABDULLAH
- Citation
- PB-45A-82-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PB-45A-82-12/2021 (Mahkamah Tinggi)
Prosecution proved a prima facie case by establishing via reliable chain of custody and qualified expert evidence that the seized substance was methamphetamine totalling 114.5g; the accused had physical possession (pouch found affixed to his person) and knowledge was inferable from his conduct (attempt to flee); the quantity triggered the statutory presumption of trafficking under s37(da) which the accused failed to rebut; accordingly the accused was convicted under s39B(1)(a) DDA and sentenced to life imprisonment with no whipping due to age, the court exercising discretion under Akta 846 an…
- Possession
- Knowledge of controlled substance
- Chain of custody
- Presumption of trafficking under s37(da)
- Sentencing discretion under abolition of mandatory death penalty act 2023