PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) Mohd Khairul Azhar Bin Dollah 2. ) Khairul (Perempuan)
Catchwords
Criminal Law — Dangerous Drugs Act 1952 — Section 39B(1)(a) — Trafficking in dangerous drugs — Methamphetamine — Net weight 243.52 grams — Presumption of trafficking — Section 37(da) — Meaning of “found in possession” — Requirement of express affirmative finding of possession — Knowledge, custody and control — Distinction between “deemed” possession and “found” possession — Whether presumption upon presumption permissible Criminal Procedure — Criminal Procedure Code — Section 180 — Prima facie case — Test to be applied — Maximum evaluation of prosecution evidence — Whether evidence sufficient to convict if accused elects to remain silent — Duty of court at close of prosecution’s case Evidence — Section 27 Evidence Act 1950 — Discovery of facts — Accused leading police to premises and identifying location of drugs — Admissibility for limited purpose — Whether discovery tainted by alleged prior knowledge — Voluntariness — No challenge of duress Evidence — Identification and continuity of exhibits — Chain of custody — Discrepancy in exhibit markings — Photographic evidence as silent contemporaneous evidence — Whether visual evidence cured testimonial gaps — Role of chemist’s report Criminal Law — Possession — Meaning — Knowledge and control — Conduct evidencing dominion — Accused directing police to concealed drugs — Whether DNA or fingerprint evidence necessary — Sufficiency of circumstantial and direct evidence Criminal Law — Joint possession — Acting in concert — Section 34 Penal Code — Requirement of common intention — Mere presence or access to premises — Surprise reaction of co-accused — Whether evidence established joint possession or shared criminal intent
Practice Areas
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-45a-106-06-2022)