Kaidal Bin Sahidin v Pendakwa Raya [Pendakwa Raya]

s-05sh-444-10-2023 Court of Appeal (Mahkamah Rayuan) 17 June 2025 • S-05(SH)-444-10/2023 • 33 min read
46 cases cited (1 SG, 45 foreign)

Catchwords

Criminal law — Dangerous drugs — Trafficking — Possession and knowledge — Accused alone in vehicle — Drugs in gear panel — Voluntary handover after statutory caution — Section 39B(1)(a), (2) and s 37(da)(xvi) Dangerous Drugs Act 1952 — Whether elements proved beyond reasonable doubt — Whether statutory presumption rebutted. Criminal law — Defence of frame-up — Alleged planting of drugs — Tip-off by informer — Whether plausible. Evidence — Police evidence — Acceptance of arresting officer’s testimony — Failure to challenge in cross-examination — Effect — Whether evidence inherently improbable — Section 134 Evidence Act 1950. Evidence — Corroboration — Whether required — Uncorroborated police evidence — Search list and police report — Sections 157 and 73A(7) Evidence Act 1950 — Meaning of corroboration — Circumstantial corroboration — Accused alone and proximity to drugs. Criminal trial — Prosecution’s discretion — Failure to call vehicle owner — Whether material witness — Adverse inference — Section 114(g) Evidence Act 1950.

Practice Areas

Criminal law Evidence Criminal trial

Judges (3)

Azhahari Kamal bin Ramli Delivered Azman bin Abdullah Coram Noorin binti Badaruddin Coram

Counsel (3)

Azhier Arisin & Co Firm Mohd Azhier Farhan Bin Arisin Counsel Appellant Nik Mohd Fadli bin Nik Azlan Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Kaidal bin Sahidin Appellant

Case Significance

Kaidal Bin Sahidin v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated June 17, 2025 (citation: s-05sh-444-10-2023). <p>The appellant was convicted of trafficking 207.73 grams of methamphetamine found in the gear panel of a vehicle he was driving alone in Beluran, Sabah, and sentenced to life imprisonment with 12 strokes of whipping. The Court of Appeal dismissed the appeal, finding the trial judge correctly assessed the evidence including the appellant's voluntary handover of the drugs after statutory caution, and rejected the defence of a police frame-up.</p> The panel comprised Azhahari Kamal bin Ramli, Azman bin Abdullah and Noorin binti Badaruddin, with Azhahari Kamal bin Ramli delivering the judgment. Counsel appearing: Mohd Azhier Farhan Bin Arisin (counsel for appellant), Nik Mohd Fadli bin Nik Azlan (prosecution counsel).

Key issues: Criminal law — Defence of frame-up — Alleged planting of drugs — Tip-off by informer — Whether plausible..

Summary

The appellant was convicted of trafficking 207.73 grams of methamphetamine found in the gear panel of a vehicle he was driving alone in Beluran, Sabah, and sentenced to life imprisonment with 12 strokes of whipping. The Court of Appeal dismissed the appeal, finding the trial judge correctly assessed the evidence including the appellant's voluntary handover of the drugs after statutory caution, and rejected the defence of a police frame-up.

What was the outcome of Kaidal Bin Sahidin v Pendakwa Raya [Pendakwa Raya]?

<p>The appellant was convicted of trafficking 207.73 grams of methamphetamine found in the gear panel of a vehicle he was driving alone in Beluran, Sa...

Statutes Cited

Abolition of Mandatory Death Penalty Act 2023
s 54
Dangerous Drugs Act 1952 (Cap 234)
s 39B(1)(a)
Evidence Act 1950
s 133A s 134
Evidence Act 1950 (Cap 56)
s 157 s 73A

Cases Cited (46)

SLR (1)
[2003] 4 SLR 374
UK (3)
[1916] 2 KB 658 [1944] AC 156 [1973] AC 296
MY (42)
[1953] MLJ 124 [1962] 1 MLJ 257 [1962] MLJ 405 [1965] 1 MLJ 40 [1966] 1 MLJ 64 [1978] 1 MLJ 134 [1981] 1 CLJ 53 [1981] 1 MLJ 144 [1981] 1 MLJ 212 [1984] 2 CLJ 89 [1985] 2 MLJ 16 [1985] 2 MLJ 24 [1987] 1 CLJ 540 [1987] 1 MLJ 220 [1987] 1 MLJ 492 [1987] 2 MLJ 336 [1987] CLJ 221 [1990] 2 MLJ 444 [1991] 3 CLJ 2564 [1996] 5 MLJ 473 [1997] 1 CLJ 523 [1998] 3 MLJ 14 [1999] 1 MLRH 59 [1999] 2 CLJ 577 [1999] 2 MLJ 1 [2003] 1 CLJ 734 [2003] 2 MLJ 65 [2005] 1 CLJ 85 [2005] 2 MLJ 301 [2005] 6 MLJ 351 [2005] 7 CLJ 218 [2010] 5 MLJ 717 [2010] 7 CLJ 945 [2011] 3 MLJ 573 [2011] 4 CLJ 113 [2011] 6 MLJ 317 [2012] 2 CLJ 129 [2015] 10 CLJ 85 [2015] 8 CLJ 634 [2015] 9 MLJ 804 [2021] MLJU 2642 [2022] 2 CLJ 546