Pendakwa Raya v MUHAMAD SYAFIQ BIN ROSLI

Case Significance

Illustrates the proof required to establish trafficking in a very large quantity of cannabis and the exercise of the sentencing discretion under the Abolition of Mandatory Death Penalty Act 2023 in a case the court regarded as meriting the death sentence.

This High Court decision at Alor Setar concerns a prosecution for trafficking in a very large quantity of cannabis, and the imposition of the death sentence following a full trial. The accused was charged under seksyen 39B Akta Dadah Berbahaya 1952 (section 39B of the Dangerous Drugs Act 1952), punishable under section 39B(2), for trafficking in 507,965.60 grams of cannabis intercepted at a set of traffic lights in Alor Setar, Kedah, in the early morning. The prosecution's case, built on the evidence of six witnesses, was that acting on information about a large consignment of cannabis expected to move through the area in a multi-purpose vehicle, a narcotics team mounted an operation that, after an initial stand-down and the summoning of technical assistance, led to the interception and the seizure of the drugs. The questions the court had to decide were whether the prosecution had proved its case beyond reasonable doubt and, on conviction, what the just sentence should be, the latter engaging the discretion now available under the Abolition of Mandatory Death Penalty Act 2023. Applying the established principles on possession, knowledge and the trafficking presumption, and the prima-facie-case threshold drawn from authorities such as Balachandran v PP, the court was satisfied that the prosecution had established the ingredients of trafficking beyond reasonable doubt and convicted the accused. On sentence, having weighed the gravity of the offence and the enormous quantity of cannabis involved against the mitigating considerations, the court determined that this was a case warranting the ultimate penalty and sentenced the accused to death. The judgment is a useful illustration of the proof required to establish trafficking in a very large quantity of cannabis and of the exercise of the sentencing discretion under the Abolition of Mandatory Death Penalty Act 2023 in a case the court regarded as meriting the death sentence.