1. ) Mohd Nazri Bin Wahab 2. ) Wan Hamdan Bin Wan Hashim v Pendakwa Raya [Pendakwa Raya]

j-05sh-567-11-2023 Court of Appeal (Mahkamah Rayuan) 26 May 2025 • J-05(SH)-567-11/2023 • 88 min read
35 cases cited (3 SG, 32 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (7)

Parties (3)

Case Significance

1. ) Mohd Nazri Bin Wahab 2. ) Wan Hamdan Bin Wan Hashim v Pendakwa Raya [Pen... is a Court of Appeal (Mahkamah Rayuan) decision dated May 26, 2025 (citation: j-05sh-567-11-2023). <p>Two co-accused were convicted of jointly trafficking 54.52g of monoacetylmorphines at a food court in Mersing, Johor, following an agent provocateur operation. The key issues included whether the agent provocateur's evidence was credible, whether the Judicial Commissioner erred in applying the statutory presumption under s.37(da), material discrepancies in the prosecution case, and whether the defence evidence was properly considered. The Court of Appeal unanimously dismissed both appeals, fi The panel comprised Azmi bin Ariffin, Che Mohd Ruzima bin Ghazali and Choo Kah Sing, with Azmi bin Ariffin delivering the judgment. Counsel appearing: Datuk Hisyam Teh Poh Teik (counsel for appellant), Ee Gen You (counsel for appellant), How May Ling (prosecution counsel), Kee Wei Lon (counsel for appellant), Mohd Fazaly Ali Bin Mohd Ghazaly (counsel for appellant).

Summary

Two co-accused were convicted of jointly trafficking 54.52g of monoacetylmorphines at a food court in Mersing, Johor, following an agent provocateur operation. The key issues included whether the agent provocateur's evidence was credible, whether the Judicial Commissioner erred in applying the statutory presumption under s.37(da), material discrepancies in the prosecution case, and whether the defence evidence was properly considered. The Court of Appeal unanimously dismissed both appeals, finding the convictions and sentences of life imprisonment were safe.

What was the outcome of 1. ) Mohd Nazri Bin Wahab 2. ) Wan Hamdan Bin Wan Hashim v Pendakwa Raya [Pen...?

<p>Two co-accused were convicted of jointly trafficking 54.52g of monoacetylmorphines at a food court in Mersing, Johor, following an agent provocateu...

Statutes Cited

Cases Cited (35)

SG (1)
[2003] SGHC 226
SLR (2)
[1994] 1 SLR 748 [2001] 1 SLR 633
UK (1)
[1974] 2 All ER 840
MY (31)
[1962] MLJ 307 [1969] 2 MLJ 209 [1969] MLRA 382 [1977] 1 MLJ 16 [1983] 1 CLJ 138 [1983] 1 CLJ 245 [1985] 1 MLJ 234 [1998] 2 CLJ 170 [1998] 2 MLJ 273 [2000] 1 CLJ 105 [2000] 3 CLJ 289 [2001] 1 CLJ 381 [2005] 1 CLJ 713 [2005] 1 CLJ 85 [2007] 4 CLJ 337 [2008] 5 CLJ 108 [2009] 1 CLJ 717 [2009] 2 CLJ 603 [2009] 3 CLJ 430 [2009] 3 CLJ 733 [2010] 2 MLJ 607 [2010] 3 CLJ 269 [2010] 4 CLJ 150 [2010] 4 CLJ 529 [2013] 1 CLJ 39 [2013] 4 CLJ 21 [2016] 5 CLJ 533 [2017] 1 CLJ 617 [2018] MLJU 98 [2019] 4 MLJ 651 [2020] 2 CLJ 28