Pendakwa Raya v MOHD FAIZOL BIN MAT AZMIN
10 cases cited
(0 SG, 10 foreign)
Catchwords
Criminal Law — Appeal against acquittal — Prima facie case — Possession of psychotropic substance — Whether prosecution proved custody or control — Failure to establish exclusive control — Accomplice present with equal access to item — No fingerprint analysis conducted — Conflicting evidence on location of drug — Whether learned Magistrate erred in evaluating contradictions — Material inconsistencies between prosecution witnesses — Benefit of doubt given to accused Criminal Procedure — Charge — Amendment of charge — Second amendment sought at close of prosecution's case — Whether amendment would cause prejudice to accused — Defence prepared case based on element of "control" — Prosecution sought to revert to "possession" — Amendment at late stage held to be prejudicial — Discretion of court to amend under s 158 of Criminal Procedure Code — Discretion must be exercised judicially — Duty to frame correct charge lies with prosecution Evidence — Possession — Psychotropic substance — Deeming provision under s 30(4) of Poisons Act 1952 — Prosecution must first prove custody or control — Presence of identity card in bag does not irresistibly lead to inference of knowledge — Where two inferences possible, inference favourable to accused must be adopted
Practice Areas
Judges (1)
Counsel (4)
Statutes Cited
Criminal Procedure Code (Cap 593)
Poisons Act 1952 (Cap 366)
Cases Cited (10)
MY (10)
[1987] 1 MLJ 492 [1999] 3 MLJ 625 [2003] 1 CLJ 734 [2003] 4 CLJ 609 [2006] 1 CLJ 457 [2012] 6 MLJ 209 [2015] 3 CLJ 17 [2015] 5 MLJ 229 [2022] MLJU 2773 [2024] MLJU 570
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-41lba-1-04-2025)