Yusaidi bin Mohd. Yusuf & Anor v Public Prosecutor

Appellant(s):

• Yusaidi Bin Mohd Yusuf
• Arif Shahid Bin Abd Razak

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YA Dato' Hashim Bin Hamzah
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Datuk Dr Lim Hock Leng

• The two appellants were convicted by the High Court for trafficking 118,950.50 grams of cannabis with common intention, under section 39B(1)(a) of the Dangerous Drugs Act 1952 read with section 34 of the Penal Code.
• The High Court sentenced each appellant to life imprisonment and 12 strokes of whipping, exercising its discretion not to impose the death penalty.
• The drugs were discovered in a car driven by the first appellant, with the second appellant as a passenger, following a police surveillance operation at a shopping mall parking lot.

• Whether the prosecution had established the elements of possession and trafficking of the dangerous drugs beyond reasonable doubt.
• Whether the High Court erred in its assessment of the evidence, particularly regarding alleged discrepancies in police documentation and the absence of forensic evidence.
• Whether the High Court correctly applied the presumptions under the Dangerous Drugs Act 1952 and properly considered the appellants' defence of innocent carrier.

• The Court dismissed the appeals, affirming the High Court's conviction and sentence, finding the conviction to be safe.
• The Court held that minor discrepancies in police reports and the absence of forensic evidence did not undermine the prosecution's case, especially given the direct evidence of the drugs' presence, their large quantity, a visible cut in a package, and the strong smell.
• The Court found the appellants' defence of innocent carrier unsustainable, concluding that they failed to rebut the presumption of knowledge under section 37(d) of the Dangerous Drugs Act 1952 on a balance of probabilities, and that the High Court did not invoke double presumptions.