2011 MarsdenLR 1977

HASAN LAH, ABDUL MALIK ISHAK, AZHAR MAAH
LOSALI – Appellant
Versus
PP – Respondent

The court affirmed the importance of establishing a prima facie case in drug trafficking charges, emphasizing the role of common intention and the validity of evidence from agents provocateurs.

Headnote:(A) Dangerous Drugs Act 1952 - Sections 39B(2) and 12(2) - Criminal Procedure Code - Section 180(4) - Trafficking in drugs - Conviction of appellant for both charges, resulting in death sentence and three years imprisonment - Prosecution established prima facie case based on credible evidence including the role of agents provocateurs - Court highlighted necessity of evaluating evidence beyond reasonable doubt while emphasizing the role of common intention among co-accused. (Paras 1-70)

(B) Criminal law - Role of agents provocateurs - Evidence from undercover officers can stand without corroboration as per section 40A(1) of the DDA - Appellant's defense of mere denial dismissed as insufficient to create reasonable doubt - Appellate review confirmed the trial judge's findings and sentencing. (Paras 60-70)