PENDAKWA RAYA Pendakwa Raya [TIMBALAN PENDAKWA RAYA] TERTUDUH 1. ) MUHAMMAD NURSAFIQ IKMAL BIN MOHSIN 2. ) MOHAMAD EZUAN BIN ISMAIL
Catchwords
CRIMINAL LAW – Dangerous Drugs – Trafficking charge – Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 -Whether both accused had custody and control and knowledge of the drugs – They were seen seated inside a motorcar rented by PW8 whilst the engine still running – The police blocked their motorcar from behind – Both accused opened the car doors and ran – Thinking they were robbers - Drugs found on the back passenger seat – Inside a milk powder box – Both accused in close proximity with the drugs inside the motorcar - Direct evidence of possession – Whether knowledge of the drugs can be inferred from conduct of both accused running away - Whether other persons had access to the motorcar - Based on DNA of unknown individuals – Based on things found inside the motorcar by forensic investigation and seen in the photographs – Whether failure to produce fingerprint evidence weaken the prosecution case – Whether PW4 and PW8 are accomplice - Whether presumption of trafficking under Section 37(da)(xvi) DDA, 1952 proven. CRIMINAL PROCEDURE - Defence – Whether both accused version are probable – The 1st accused was asked by PW8 to deliver the motorcar with milk powder in a box to PW4 at his house – Milk powder meant for PW4’ children - Upon arrival, PW4 did not remove the milk powder box from the motorcar - PW4 instead asked the 1st accused to drive him to Batu Pahat and later changed to Chaah, Segamat – The 2nd accused followed them - Along the way PW4 asked them to stop at a homestay in Yong Peng – The milk powder box was brought out of the motorcar by PW4 and later brought back - Placed on the back passenger seat – The 1st accused did not know the contents of the milk powder box - The 2nd accused merely a passenger in the motorcar – The 2nd accused version is PW4 asked to be fetched from Chaah, Segamat – The 2nd accused did not see the milk powder box on the back seat because it was dark - Contradiction in both accused versions concerning where was PW4 – Whether both accused defence an afterthought and mere denial - Whether the accused’s version cast reasonable doubt over the Prosecution’s case – Whether presumption of trafficking rebutted on the balance of probabilities. CRIMINAL PROCEDURE - Sentencing – Dangerous Drugs – Whether sentence of life imprisonment should be imposed rather than death penalty – Abolition of Mandatory Death Penalty Act, 2023, 554.
Practice Areas
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (jb-45a-2-02-2021)