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2016 MarsdenLR 2781
FEDERAL COURT PUTRAJAYA
AMRI IBRAHIM & ANOR – Appellant
Versus
PP – Respondent
[Criminal Appeals No: 05-88-05-2012(B) & 05-89-05-2012(B)]
The court affirmed that the mere presence during illegal activity does not absolve an individual from liability, particularly when there is substantial involvement in the crime.
Headnote:The case involves a joint charge against the appellants for trafficking in methamphetamine under s 39B(1)(a) of the Dangerous Drugs Act 1952. The prosecution's case was supported by testimony from a police officer who acted as an agent provocateur, leading to the discovery of the drugs. The trial court found that the appellants were actively engaged in drug trafficking, rejecting their defense that they were unaware of the drugs. The appeals were dismissed on the grounds that the prosecution proved its case beyond reasonable doubt.
| Table of Content |
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| 1. the transaction of drugs involved all accused and was acknowledged as trafficking. (Para 1) |
[1] Both the appellants were jointly charged in the High Court at Shah Alam for an offence of trafficking in dangerous drugs, to wit 342.1 grams of Methamphetamine, an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 ("Act") and punishable under s 39B(2) of the Act. The offence was committed on 16 January 2007 in room 1911, Gold Course Hotel, Klang.
