MUHAMAD SYAFIQ BIN KASIM v Pendakwa Raya

j-05h-577-11-2023 Court of Appeal (Mahkamah Rayuan) 1 September 2025 • J-05(H)-577-11/2023 • 17 min read
7 cases cited (0 SG, 7 foreign)

Outcome

Accordingly, the appeal is allowed for the Trafficking Charge. The conviction and sentence imposed by the High Court are hereby set aside.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (j-05h-577-11-2023). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Appeal against conviction and sentence – Trafficking – Section 39B(1)(a) of the Dangerous Drugs Act 1952 – Possessions – Section 39A(1) of the Dangerous Drugs Act – Whether the prosecution had established beyond reasonable doubt the identity of the drugs which formed the subject matter of the charges – Whether the chain of evidence remain intact – Serious doubts as to the identity of the drugs – Misappreciation of the defence and failure to consider the whole of the evidence objectively and from all angles.

Practice Areas

Criminal Procedure Criminal Law

Judges (3)

Azman bin Abdullah Coram Azmi bin Ariffin Coram Noorin binti Badaruddin Delivered

Counsel (6)

AmerBON Firm Attorney General's Chamber Firm Amer Hamzah bin Arshad Counsel Appellant Joshua Tay H'ng Foong Counsel Appellant Lee Yee Woei Counsel Appellant Nik Mohd Fadli bin Nik Azlan Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Muhamad Syafiq bin Kasim Appellant

Statutes Cited

Criminal Procedure Code
s 180(4)
Dangerous Drugs Act 1952 (Cap 234)
s 39B(1)(a)

Cases Cited (7)

MY (7)
[1987] 1 MLJ 220 [2004] 4 MLJ 489 [2005] 1 CLJ 193 [2013] 2 MLJ 348 [2013] 6 MLJ 252 [2015] 2 CLJ 36 [2018] 8 MLJ 330

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (j-05h-577-11-2023)