Muhammad Zaim Bin Awang v Pendakwa Raya [Pendakwa Raya]

s-05sh-64-02-2023 Court of Appeal (Mahkamah Rayuan) 18 May 2025 • S-05(SH)-64-02/2023 • 15 min read
3 cases cited (0 SG, 3 foreign)

Catchwords

Criminal Law — Dangerous Drugs — Trafficking — Possession — Chain of custody — Presumption — Appellate interference The appellant appealed against his conviction for trafficking in cannabis, alleging compromised exhibits, absence of a statutory caution, failure to prove possession, improper invocation of the presumption of trafficking under s 37(da) DDA 1952, and defective investigations. Held, dismissing the appeal – the trial judge correctly found that the chain of custody was intact and the caution under s 37B(1) DDA 1952 was duly administered – Non-compliance with s 51A CPC did not render the cautioned statement inadmissible – possession was established as the drugs were found in the appellant’s bedroom, which he exclusively occupied with his wife – the statutory presumption of trafficking arose and was not rebutted – alleged investigative deficiencies were not material – the trial judge’s findings were not plainly wrong and warranted no appellate interference. Held, appeal dismissed – conviction and sentence affirmed.

Practice Areas

Criminal Law The appellant appealed against his conviction for trafficking in cannabis, alleging compromised exhibits, absence of a statutory caution, failure to prove possession, improper invocation of the presumption of trafficking under s 37(da) DDA 1952, and defective investigations. Held, dismissing the appeal Held, appeal dismissed

Judges (3)

Ahmad Zaidi bin Ibrahim Coram Alwi bin Abdul Wahab Coram Mohamed Zaini bin Mazlan Delivered

Counsel (4)

Hairul Vaiyron & Co Firm Luke Ressa Balang Counsel Appellant Mohamad Arif Aizuddin bin Masrom Counsel Prosecution Mohd Hafidz bin Mohd Lokman Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Muhammad Zaim bin Awang Appellant

Case Significance

Muhammad Zaim Bin Awang v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated May 18, 2025 (citation: s-05sh-64-02-2023). <p>The appellant was convicted of trafficking 1,199.3 grams of cannabis found in his bedroom in Labuan and sentenced to life imprisonment with 15 strokes. The Court of Appeal dismissed the appeal, finding the chain of custody was intact, the statutory caution was properly administered, possession was established through exclusive occupation of the bedroom, and the presumption of trafficking was not rebutted.</p> The panel comprised Ahmad Zaidi bin Ibrahim, Alwi bin Abdul Wahab and Mohamed Zaini bin Mazlan, with Mohamed Zaini bin Mazlan delivering the judgment. Counsel appearing: Luke Ressa Balang (counsel for appellant), Mohamad Arif Aizuddin bin Masrom (prosecution counsel), Mohd Hafidz bin Mohd Lokman (counsel for appellant).

Key issues: Criminal Law — Dangerous Drugs — Trafficking — Possession — Chain of custody — Presumption — Appellate interference.

Summary

The appellant was convicted of trafficking 1,199.3 grams of cannabis found in his bedroom in Labuan and sentenced to life imprisonment with 15 strokes. The Court of Appeal dismissed the appeal, finding the chain of custody was intact, the statutory caution was properly administered, possession was established through exclusive occupation of the bedroom, and the presumption of trafficking was not rebutted.

What was the outcome of Muhammad Zaim Bin Awang v Pendakwa Raya [Pendakwa Raya]?

<p>The appellant was convicted of trafficking 1,199.3 grams of cannabis found in his bedroom in Labuan and sentenced to life imprisonment with 15 stro...

Statutes Cited

Penal Code (Cap 574)

Cases Cited (3)

MY (3)
[2007] 3 CLJ 281 [2020] 12 MLJ 67 [2020] 8 CLJ 267