PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) AZIZI BIN ZAINUDIN 2. ) ABDUL RASHID BIN ABDUL MANAN 3. ) NURSHAMIRAH BINTI ABDULLAH
Catchwords
CRIMINAL PROCEDURE: Charge — Amendment — Omission of the word "berbahaya" (dangerous) in the body of the charge — Whether the omission rendered the charge defective and misleading — Whether the accused was prejudiced — Sufficiency of notice — Whether curable under the law — Criminal Procedure Code, ss. 158 & 422. CRIMINAL LAW: Dangerous Drugs Act 1952 — ss. 39B(1)(a), 12(2), 39A(1) — Trafficking and possession — Methamphetamine, Heroin, and Monoacetylmorphines — Elements of the offences — Common intention — Whether active participation or pre-arranged plan proven — Penal Code, s. 34. CRIMINAL LAW: Dangerous Drugs — Possession — Actual and constructive possession — Elements of knowledge, custody, and control — Mental and physical elements (mens rea and actus reus) — Proximity to drugs — Whether mere presence in a room where drugs were found in a closed drawer constitutes possession — Wilful blindness — Whether a visitor can be held to have custody and control over drugs found in a host's premises. EVIDENCE: DNA evidence — Presence of unknown DNA on personal items (towels, toothbrushes, shavers) — Whether the presence of third-party DNA excludes the possibility of possession by the accused — Concept of joint possession — Relevance of DNA found on personal items versus DNA on the drugs themselves. EVIDENCE: Witness — Interested witness — Credibility — Mother of the accused testifying to corroborate living arrangements and movements — Whether testimony of a close relative is inherently tainted — Reliability and competence of witnesses — Evidence Act 1950, s. 118. EVIDENCE: Presumptions — Statutory presumption of trafficking — Dangerous Drugs Act 1952, s. 37(da) — Rebuttal of presumption — Balance of probabilities — Reasonable doubt — Defence of "mere visitor" — Plausibility of defence where no personal belongings were found in the room — Inference more favourable to the accused.
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-45a-20-09-2020)