PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) SADAM HUSAIN BIN USTAZ AHMAD NABI 2. ) MOHD AMIRUL ASRAF BIN ABU BAKAR 3. ) WALIZA BIN SADAT GUL
14 cases cited
(0 SG, 14 foreign)
Catchwords
CRIMINAL LAW: Drug trafficking – Charge under s. 39B(1)(a) Dangerous Drugs Act 1952 – Elements of offence – Whether prosecution required to establish that substance was a dangerous drug, that accused was in possession, and that accused was trafficking – Proof of trafficking by direct evidence of conduct falling within definition in s. 2 Dangerous Drugs Act 1952 – Trafficking established alternatively through statutory presumption under s. 37(da) Dangerous Drugs Act 1952 upon proof of possession exceeding prescribed threshold weight CRIMINAL LAW: Drug trafficking – Possession – Actual possession established by direct evidence – Physical element of custody or control – Mental element of knowledge of existence of the drug – Whether proximity alone sufficient to establish possession – Whether named tenant of premises constructively in possession of all items found therein – Whether tenancy status determinative of constructive possession CRIMINAL LAW: Drug trafficking – Statutory presumption of trafficking – Double presumption rule – Whether prosecution permitted to rely on presumption of possession under s. 37(d) Dangerous Drugs Act 1952 in order to trigger presumption of trafficking under s. 37(da) of the same Act – Whether possession must first be established by independent evidence before trafficking presumption may be engaged CRIMINAL LAW: Drug trafficking – Common intention – Charge under s. 39B(1)(a) Dangerous Drugs Act 1952 read with s. 34 Penal Code – Elements of common intention – Whether prosecution required to prove pre-arranged plan directed at specific offence charged – Whether common intention may be inferred from surrounding circumstances and conduct – Whether mere presence at premises sufficient to establish liability under s. 34 Penal Code CRIMINAL LAW: Possession of scheduled poison – Charge under s. 30(3) Poisons Act 1952 – Distinction between possession offence under Poisons Act 1952 and trafficking offence under Dangerous Drugs Act 1952 – Whether prosecution required to establish trafficking element for Poisons Act offence – Whether same legal framework for possession applies to both Acts CRIMINAL PROCEDURE: Prima facie case – Duty of court at close of prosecution's case – Maximum evaluation under s. 180(1) Criminal Procedure Code – Whether court required to make positive assessment of credibility of prosecution witnesses – Whether evidence emerging from cross-examination of prosecution witnesses to be considered – Whether court may draw inferences favourable to prosecution to fill gaps in its own case – Whether where prosecution evidence admits of two or more inferences court duty-bound to draw inference most favourable to accused EVIDENCE: Adverse inference – Failure to call material witness – Whether failure by prosecution to call witnesses present during raid and body search justified drawing of adverse inference under s. 114(g) Evidence Act 1950 – Whether uncorroborated evidence of single police witness on central issue sufficient where corroborating witnesses available but not called – Whether prosecution's failure to call landlord's employee with direct knowledge of who occupied premises a material omission EVIDENCE: Chemist evidence – Challenge to scientific evidence – Whether failure to tender calibration records for laboratory equipment affected admissibility or weight of chemist's findings – Integrity of exhibits
Judges (1)
Counsel (12)
Lydiana Law Chambers Firm Muhammad Abd Kadir & Co Firm Pejabat Penasihat Undang-Undang Negeri Johor Firm Rosli Kamaruddin & Co Firm Juanita binti Mohd Said Counsel Prosecution Khairulnadia Hasni binti Yusoff Counsel Accused Lydiana binti Mansor Counsel Accused Muhammad Zahier bin Rosli Counsel Accused Muhammad Zaim bin Rosli Counsel Accused Muhammad bin Abd Kadir Counsel Accused Rosli Kamaruddin Counsel Accused Siti Nur Fadhilah binti Mohammad Ridhuan Counsel Accused
Statutes Cited
Criminal Procedure Code (Cap 593)
Dangerous Drugs Act 1952
s 39B(1)(a)
Evidence Act 1950 (Cap 56)
Penal Code (Cap 574)
Poisons Act 1952
s 30(3)
Cases Cited (14)
MY (14)
[1949] 1 MLJ 54 [1956] 22 MLJ 237 [1956] MLJ 28 [1987] 1 CLJ 540 [1995] 2 MLJ 433 [1998] 2 MLJ 273 [2002] 3 MLJ 401 [2003] 1 CLJ 734 [2004] 4 CLJ 551 [2005] 1 CLJ 85 [2006] 1 CLJ 457 [2009] 1 CLJ 717 [2011] 4 CLJ 113 [2016] 9 MLJ 133
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-45a-153-12-2022)