Pendakwa Raya v OMAR BIN YAHYA

Case Significance

Illustrates that a charge laid against a single accused within a joint drug-trafficking trial is assessed on its own evidence, applying the two-stage burden under section 180 of the Criminal Procedure Code, and may result in life imprisonment and whipping under section 39B of the Dangerous Drugs Act 1952.

This High Court decision at Johor Bahru concerns one of three charges heard together in a joint trial arising from a single arrest at a house in Taman Johor Jaya on 10 March 2021. Whereas the other two charges were brought jointly against both accused, this charge was brought against the second accused alone: trafficking in methamphetamine weighing 91.19 grams, an offence under seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 (section 39B(1)(a) of the Dangerous Drugs Act 1952). Because all three case numbers concerned the same facts, arrest report, scene and exhibits, the court gave its reasons for them together.

At the close of the prosecution case the court applied section 180(1) of the Criminal Procedure Code and found that a prima facie case had been established, the methamphetamine having been recovered, analysed by the chemist and shown to have been in the second accused's possession, and it called on him to enter his defence. The second accused gave sworn evidence, advancing a defence of denial. At the close of the defence the court was satisfied that the defence had failed to raise a reasonable doubt against the prosecution case, which had been proved beyond reasonable doubt as against him, and it convicted him on this charge, the reasons being given together with those for the companion charges heard in the joint trial.

The court sentenced the second accused to life imprisonment from the date of arrest on 10 March 2021, together with 12 strokes of the cane, under section 39B(2) of the Act, the sentence to run concurrently with the sentences imposed on the other charges in the joint trial. The judgment illustrates that, within a joint trial, a charge laid against one accused alone is assessed on its own evidence against that accused, applying the same two-stage burden — a prima facie case at the close of the prosecution case and proof beyond reasonable doubt after the defence.