MOHD FIRDAUS BIN ISMAIL v Pendakwa Raya [Pendakwa Raya]

w-05sh-312-07-2022 Court of Appeal (Mahkamah Rayuan) 24 September 2025 • W-05(SH)-312-07/2022 • 45 min read
24 cases cited (0 SG, 24 foreign)

Catchwords

Criminal Procedure — Appeal — Appeals against conviction and sentence — Both accused were charged with trafficking in dangerous drugs — an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 - punishable under s 39B (2) of the Act – Both accused were sentenced to life’s imprisonment from the date of arrest and 15 strokes of rotan —Whether defense sufficiently considered by trial judge — Whether trial judge erred in his decision. Evidence — Whether there was a break in chain of evidence — Whether discrepancies affected credibility of witness — Whether appellate interference warranted — Whether conviction and sentence safe — Criminal Procedure Code s 180(1).

Practice Areas

Criminal Procedure

Judges (3)

Azman bin Abdullah Coram Azmi bin Ariffin Coram Hayatul Akmal binti Abdul Aziz Delivered

Counsel (5)

Ishrakh Saad & Co Firm Nik Ikhwan & Co. Firm Ahmad Ishrakh Bin Saad Counsel Appellant How May Ling Counsel Prosecution Nik Mohamed Ikhwan bin Nik Mahamud Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Mohd Firdaus bin Ismail Appellant

Case Significance

MOHD FIRDAUS BIN ISMAIL v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated September 24, 2025 (citation: w-05sh-312-07-2022). <p>Two accused were jointly charged with trafficking cannabis (487.6g and 5,055.8g respectively) found during a sale transaction at Taman Seri Rampai, KL, and each sentenced to life imprisonment with 15 strokes. The Court of Appeal unanimously dismissed their appeals, finding no break in the chain of evidence, no appealable error by the trial judge, and confirming the convictions and sentences were safe.</p> The panel comprised Azman bin Abdullah, Azmi bin Ariffin and Hayatul Akmal binti Abdul Aziz, with Hayatul Akmal binti Abdul Aziz delivering the judgment. Counsel appearing: Ahmad Ishrakh Bin Saad (counsel for appellant), How May Ling (prosecution counsel), Nik Mohamed Ikhwan bin Nik Mahamud (counsel for appellant).

Summary

Two accused were jointly charged with trafficking cannabis (487.6g and 5,055.8g respectively) found during a sale transaction at Taman Seri Rampai, KL, and each sentenced to life imprisonment with 15 strokes. The Court of Appeal unanimously dismissed their appeals, finding no break in the chain of evidence, no appealable error by the trial judge, and confirming the convictions and sentences were safe.

What was the outcome of MOHD FIRDAUS BIN ISMAIL v Pendakwa Raya [Pendakwa Raya]?

<p>Two accused were jointly charged with trafficking cannabis (487.6g and 5,055.8g respectively) found during a sale transaction at Taman Seri Rampai,...

Statutes Cited

Criminal Procedure Code (Cap 593)
s 170 s 308
Dangerous Drugs Act 1952 (Cap 234)
s 39B(1)(a)

Cases Cited (24)

MY (24)
[1941] MLJ 1 [1941] MLJ 17 [1959] 1 MLJ 193 [1962] MLJ 257 [1969] 2 MLJ 209 [1980] 1 MLJ 251 [1981] 1 MLJ 212 [1981] 1 MLJ 84 [1983] 2 CLJ 10 [1983] 2 MLJ 232 [1997] 1 CLJ 233 [1999] 2 CLJ 780 [1999] 2 MLJ 689 [2003] 4 CLJ 409 [2005] 2 MLJ 301 [2005] 6 AMR 203 [2005] 6 MLJ 393 [2006] 1 CLJ 457 [2007] 5 CLJ 1 [2007] 6 MLJ 1 [2009] 2 CLJ 800 [2011] 4 MLJ 533 [2013] 4 MLJ 596 [2017] 1 CLJ 671