Matin Bin Sahid v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]

s-05m-44-01-2022 Court of Appeal (Mahkamah Rayuan) 19 January 2025 • S-05(M)-44-01/2022 • 27 min read
26 cases cited (1 SG, 25 foreign)

Catchwords

section 39B(1) (a) of the Dangerous Drugs Act 1952 punishable under section 39B(2) of the same Act - the presumption under section 37(da)(xvi) of the Dangerous Drugs Act 1952 - the findings of facts rest upon the substratum of oral evidence - the credibility of which is for the trial judge to decide - failed to rebut the presumption of trafficking on a balance of probabilities - the prosecution has proved its case beyond reasonable doubt – the conviction is safe - Abolition of Mandatory Death Penalty Act 2023 (Act 846) - the Court may consider the mitigating and aggravating factors in the exercise of its discretion - the element of public interest - the amount of drugs involved - the mitigation by the counsel on behalf of the appellant - sentence of life imprisonment with effect from the date of arrest and twelve (12) strokes of whipping

Practice Areas

section 39B(1) (a) of the Dangerous Drugs Act 1952 punishable under section 39B(2) of the same Act

Judges (3)

Azhahari Kamal bin Ramli Coram Azmi bin Ariffin Delivered Che Mohd Ruzima bin Ghazali Coram

Counsel (3)

Kang Advocates Firm Jhasarry P. Kang Counsel Appellant Tengku Shahrizam Tuan Lah Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Matin bin Sahid Appellant

Case Significance

Matin Bin Sahid v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam... is a Court of Appeal (Mahkamah Rayuan) decision dated January 19, 2025 (citation: s-05m-44-01-2022). <p>The appellant was convicted of trafficking 169.90 grams of methamphetamine found at a house in Kalabakan, Tawau and sentenced to death. The Court of Appeal dismissed his appeal against conviction, finding he failed to rebut the presumption of trafficking, but commuted the death sentence to life imprisonment from the date of arrest with 12 strokes of whipping under Act 846.</p> The panel comprised Azhahari Kamal bin Ramli, Azmi bin Ariffin and Che Mohd Ruzima bin Ghazali, with Azmi bin Ariffin delivering the judgment. Counsel appearing: Jhasarry P. Kang (counsel for appellant), Tengku Shahrizam Tuan Lah (prosecution counsel).

Summary

The appellant was convicted of trafficking 169.90 grams of methamphetamine found at a house in Kalabakan, Tawau and sentenced to death. The Court of Appeal dismissed his appeal against conviction, finding he failed to rebut the presumption of trafficking, but commuted the death sentence to life imprisonment from the date of arrest with 12 strokes of whipping under Act 846.

What was the outcome of Matin Bin Sahid v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam...?

<p>The appellant was convicted of trafficking 169.90 grams of methamphetamine found at a house in Kalabakan, Tawau and sentenced to death. The Court o...

Statutes Cited

Abolition of Mandatory Death Penalty Act 2023 (Cap 846)
Dangerous Drugs Act 1952 (Cap 234)
s 39B(1)(a)
Evidence Act 1950 (Cap 56)
s 105

Cases Cited (26)

SG (1)
[2003] SGHC 226
MY (25)
[1969] MLRA 382 [1981] 1 MLJ 212 [1984] 2 MLJ 165 [1985] 2 MLJ 16 [1997] 1 CLJ 233 [2003] 2 CLJ 19 [2003] 2 MLJ 97 [2004] 4 CLJ 309 [2005] 2 MLJ 1 [2008] 2 CLJ 284 [2008] 2 MLJ 87 [2008] 6 MLJ 19 [2009] 6 CLJ 626 [2009] 6 MLJ 1 [2010] 3 CLJ 377 [2010] 3 MLJ 509 [2011] 5 CLJ 630 [2012] 4 MLJ 149 [2013] 4 MLJ 693 [2017] 1 CLJ 575 [2017] 5 CLJ 58 [2018] MLJU 98 [2019] 4 MLJ 651 [2019] MLJU 128 [2020] 3 CLJ 240