PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) JOHARI 2. ) FAIZAL BIN JAMALUDDIN
Catchwords
Criminal Law — Dangerous drugs — Trafficking — Methamphetamine — Constructive possession — Knowledge and control — Drugs found in car boot — Accused persons seen exiting vehicle and moving towards boot — Conduct of accused — First accused attempted to flee upon seeing police — Whether flight attributed to knowledge of drugs or fear of Movement Control Order (MCO) breach — Whether prosecution established custody and control — Dangerous Drugs Act 1952, ss. 39B(1)(a) & 37(da). Criminal Law — Common intention — Joint liability — Two accused persons in the same vehicle containing drugs — Participation in the action of the offence — Whether prima facie common intention established — Penal Code, s. 34. Evidence — Information leading to discovery — Admissibility — Information from accused leading to raid of apartment — Discovery of drugs inside a woman’s denim jacket in a wardrobe — Tenancy agreement in the name of a third party — Whether accused had exclusive access or possession — Whether link between accused and drugs was tenuous — Evidence Act 1950, s. 27. Evidence — Witness — Interested witness — Credibility — Wife of second accused testifying for the defence — Whether testimony tainted by reason of relationship — Competency of witness — Whether evidence regarding husband’s occupation as a mechanic was reliable — Evidence Act 1950, s. 118. Criminal Procedure — Defence — Presumption of trafficking — Rebuttal — Balance of probabilities — First accused’s explanation of collecting rented car for a customer — Failure to inform investigating officer of defence during initial investigation — Whether defence was an afterthought or bare denial — Second accused’s defence of being a mechanic called to repair the vehicle — Corroboration by other witnesses — Whether reasonable doubt raised — Criminal Procedure Code, s. 182(3).
Practice Areas
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (ja-45a-88-12-2021)