SATYAMOORTHY A/L SUNDRAMOORTHY v Pendakwa Raya

b-05sh-368-07-2024 Court of Appeal (Mahkamah Rayuan) 8 October 2025 • B-05(SH)-368-07/2024 • 38 min read

18 cases cited (1 SG, 17 foreign)

Catchwords

Criminal Procedure — Appeal against conviction and sentence — Accused charged with trafficking in dangerous drugs under s 39B(1)(a) of the Dangerous Drugs Act 1952 - punishable under s 39B (2) of the Act - The charge was reduced to s 39A(2) of the Act - The Accused was sentenced to 10 years' imprisonment from the date of arrest and 10 strokes of rotan — Whether defence sufficiently considered by trial judge — Whether trial judge erred in his decision. Evidence — the circumstances of the case support a charge of possession rather than trafficking

Practice Areas

Criminal Procedure

Judges (3)

Hayatul Akmal binti Abdul Aziz Delivered Meor Hashimi bin Abdul Hamid Coram Mohamed Zaini bin Mazlan Coram

Counsel (4)

Salehuddin Saidin & Associates Firm Afifuddin Ahmad Hafifi Counsel Appellant Aina Melina Binti Johan Ariff Lim Counsel Appellant Shamala A/P Jaganathan Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Satyamoorthy a/l Sundramoorthy Appellant

Case Significance

SATYAMOORTHY A/L SUNDRAMOORTHY v Pendakwa Raya is a Court of Appeal (Mahkamah Rayuan) decision dated October 8, 2025 (citation: b-05sh-368-07-2024). <p>The appellant was convicted of trafficking 16.9 grams of heroin and monoacetylmorphines at a Petronas petrol station in Damansara Damai. The Court of Appeal allowed the appeal in part, finding the circumstances did not support a trafficking charge but rather one of possession. The trafficking conviction was substituted with possession under s.39A(2) and the appellant was re-sentenced to 10 years imprisonment and 10 strokes.</p> The panel comprised Hayatul Akmal binti Abdul Aziz, Meor Hashimi bin Abdul Hamid and Mohamed Zaini bin Mazlan, with Hayatul Akmal binti Abdul Aziz delivering the judgment. Counsel appearing: Afifuddin Ahmad Hafifi (counsel for appellant), Aina Melina Binti Johan Ariff Lim (counsel for appellant), Shamala A/P Jaganathan (prosecution counsel).

Summary

The appellant was convicted of trafficking 16.9 grams of heroin and monoacetylmorphines at a Petronas petrol station in Damansara Damai. The Court of Appeal allowed the appeal in part, finding the circumstances did not support a trafficking charge but rather one of possession. The trafficking conviction was substituted with possession under s.39A(2) and the appellant was re-sentenced to 10 years imprisonment and 10 strokes.

What was the outcome of SATYAMOORTHY A/L SUNDRAMOORTHY v Pendakwa Raya?

<p>The appellant was convicted of trafficking 16.9 grams of heroin and monoacetylmorphines at a Petronas petrol station in Damansara Damai. The Court ...

Statutes Cited

Dangerous Drugs Act 1952 (Cap 234)

s 39B(1)(a)

Evidence Act

s 24

Evidence Act 1950 (Cap 56)

s 114(g)

Penal Code (Cap 574)

Cases Cited (18)

SLR (1)

[1995] 2 SLR 424

UK (1)

[1968] 2 All ER 356

MY (16)

[1969] 2 MLJ 89 [1987] 1 CLJ 250 [2002] 3 CLJ 794 [2002] 3 MLJ 291 [2004] 3300 CLJ 737 [2005] 3 MLJ 389 [2007] 5 MLJ 1 [2010] MLJU 2184 [2011] 1 CLJ 805 [2011] 8 CLJ 406 [2011] MLJU 1566 [2013] 6 CLJ 702 [2016] MLJU 1824 [2018] 2 MLJ 721 [2018] 6 CLJ 133 [2018] 9 CLJ 730