PENDAKWA RAYA Pendakwa Raya TERTUDUH MD ISKANDAR BIN MUHAMAD
30 cases cited
(1 SG, 29 foreign)
Catchwords
CRIMINAL LAW – Dangerous Drugs – Charge for trafficking – Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 -Whether accused had custody and control and knowledge of the drugs – Accused found riding the scooter alone during the Movement Control Order – Accused fell with the scooter during arrest – Accused put up a struggle resisting the arrest and tried to escape - Package containing the drugs fell from the scooter – Accused found to be in close proximity with the drugs found beside the scooter - Direct evidence of possession – Whether presumption of trafficking under Section 37(da)(xvi) DDA, 1952 proven. CRIMINAL PROCEDURE - Defence – Whether the accused version is probable – Accused a fisherman – He went out early hours in the morning during the movement control order – To release the water in his boat to avoid the boat from sinking – The accused claims he was arrested by the marine police and not by the police Inspector – The accused claims the package containing drugs was thrown at his feet by the arresting officer – Accused claims to be illiterate and cannot read – Therefore he did not know the plastic packets with the words ‘GUANYINWANG (Refined Chinese Tea) contain Chinese tea or drugs - Whether the accused version is believable - 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
Counsel (3)
Statutes Cited
Cases Cited (30)
SLR (1)
[2001] 1 SLR 633
MY (29)
[1940] MLJ 74 [1961] 1 MLJ 257 [1961] MLJ 4 [1962] 28 MLJ 323 [1962] MLJ 257 [1963] 1 MLJ 263 [1969] 2 MLJ 89 [1992] 4 CLJ 2028 [1994] 2 MLJ 576 [2000] 7 CLJ 628 [2002] 4 MLJ 13 [2003] 1 CLJ 734 [2003] 2 MLJ 65 [2005] 1 CLJ 85 [2005] 4 MLJ 314 [2006] 3 MLJ 193 [2007] 4 CLJ 337 [2008] 4 CLJ 764 [2008] 4 CLJ 859 [2008] 8 CLJ 856 [2011] MLJU 655 [2012] 6 CLJ 236 [2013] 3 MLJ 773 [2015] 6 CLJ 163 [2016] 3 CLJ 882 [2018] 6 CLJ 133 [2019] 7 CLJ 202 [2020] 9 CLJ 151 [2022] 4 CLJ 1
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (jb-45a-2-09-2020)