Muhammad Zikri Hanafi bin Ishak v Pendakwa Raya

Appellant(s): Muhammad Zikri Hanafi Bin Ishak

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Dato' Paduka Azman Bin Abdullah
• YA Datuk Noorin binti Badaruddin

• The appellant was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 for trafficking 346.2 grams of methamphetamine found in a plastic bag he was holding during a police raid.
• During the arrest, the appellant attempted to flee and engaged in a physical struggle with the raiding officer, which the prosecution relied upon to establish the element of knowledge.
• The High Court convicted the appellant and sentenced him to death, prompting an appeal against both the conviction and the sentence.

• Whether the trial judge erred in law by inferring the appellant's knowledge of the drugs based on his conduct (struggling and attempting to flee) pursuant to Section 8 of the Evidence Act 1950.
• Whether the prosecution’s failure to call other members of the raiding team to corroborate the testimony of the lead raiding officer resulted in a failure to conduct a "maximum evaluation" of the evidence.
• Whether the defense narrative regarding a third party named "Zaidi" and the claim that the drugs were found in a motorcycle basket rather than the appellant's hand was sufficient to raise reasonable doubt.

• The Court affirmed the conviction, holding that "actual possession" was established through physical custody and control, while the appellant's attempt to flee provided a strong legal inference of mens rea.
• The Court ruled that the uncorroborated testimony of a police officer is sufficient to sustain a conviction unless the evidence is inherently improbable or there is proof of a motive to frame the accused.
• While the conviction was upheld, the Court allowed the appeal against the sentence, setting aside the death penalty and substituting it with 30 years of imprisonment and 12 strokes of the cane.