2013 MarsdenLR 1420

FEDERAL COURT PUTRAJAYA
HASBALA MOHD SARONG – Appellant
Versus
PP – Respondent
[Criminal Appeal No: 05-87-05-2012(B)]

Discrepancies in the weight and packaging of drug exhibits, if satisfactorily explained, do not inherently create reasonable doubt regarding their identity.

Headnote:(A) Dangerous Drugs Act 1952 - Sections 39B(1)(a) and 39B(2) - Trafficking in 4607 grams of cannabis - The appellant was charged and sentenced to death by the High Court, affirmed by the Court of Appeal - Issues of discrepancies in drug exhibits mainly concerning weight and packaging were raised - Court found the discrepancies were satisfactorily explained and did not create reasonable doubt regarding the identity of the drug exhibits - The principles of chain of custody and the weight determination process were discussed. (Paras 1, 12, 25)

Facts of the case:
The appellant was arrested on 27 February 2004 carrying cannabis, which was documented through marked exhibits, later found to weigh 4607 grams. Evidence showed no challenge to the identity of the drug exhibits during trial. (Paras 1, 4, 17)

Findings of Court:
Court affirmed that the discrepancies in evidence regarding the drug exhibits did not create reasonable doubt as the true weight was identified and there was no break in the chain of evidence. (Paras 25, 26)

Issues: Whether discrepancies in packaging and weight of drug exhibits create a reasonable doubt regarding their identity. (Paras 12, 25)

Ratio Decidendi: The court ruled that while explanation for discrepancies is desirable, it was not necessary for the appeal's outcome, especially given the lack of challenge to the exhibits' identity throughout the trial process. (Paras 18, 25)

Result: Appeal dismissed and conviction affirmed.