Pendakwa Raya v 1. ) Mr. Pa-e-din Longsamah 2. ) AMZANEI BIN CHE ANI

Case Significance

Illustrates conviction for joint cannabis trafficking on the section 37(da) presumption after a full trial, and the post-reform sentencing discretion under the Abolition of Mandatory Death Penalty Act 2023: life imprisonment and caning were imposed rather than death, with caning omitted for the older accused under section 289(c) of the Criminal Procedure Code.

This High Court decision at Alor Setar concerns a joint charge of trafficking in cannabis that resulted in conviction after a full trial, and the exercise of the sentencing discretion for two accused. The two accused were charged under section 39B(1)(a) of the Dangerous Drugs Act 1952, read with section 34 of the Penal Code, with jointly trafficking 203.9 grams of cannabis at a house in Kampung Lubok Buaya, Langkawi, in March 2019. The defence disputed the integrity of the exhibits, arguing that three successive raids had broken the chain of evidence for the drugs. At the close of the prosecution case the court found a prima facie case and called both accused to enter their defence; the first accused gave sworn evidence while the second accused elected to make an unsworn statement from the dock, and no other defence witnesses were called. At the close of the defence, the court held that the accused had failed to raise any reasonable doubt and had failed to rebut the presumption of trafficking under section 37(da)(vi) of the Act, and that the prosecution had proved its whole case beyond reasonable doubt; it convicted both accused. In sentencing, the court considered that, following the Abolition of Mandatory Death Penalty Act 2023, it had a discretion for a section 39B offence as for murder, and weighed the relatively small quantity of drugs, the second accused's status as a first offender, and the public interest in drug cases. Concluding that this was not a case warranting the death penalty, and noting that the first accused was already serving a sentence for another trafficking conviction, the court imposed imprisonment for life (30 years) and 12 strokes of the cane on the first accused, and imprisonment for life (30 years) from the date of arrest on the second accused, without caning because he was over 50 years old, in accordance with section 289(c) of the Criminal Procedure Code. Both accused appealed to the Court of Appeal.