STUDENT IDENTIFICATION NO

SEAT NO: __________

LECTURE SECTION: ________________
Lecturer: _________________

MULTIMEDIA UNIVERSITY
FIRST TRIMESTER MID-TERM EXAMINATION, 2020/2021

ULV4612: LAW OF EVIDENCE I

(All sections/ Groups)

22 AUGUST 2020
TIME: 9.15 -10.45am

ASSESSMENT WEIGHT TO TOTAL MARKS: 10%

INSTRUCTIONS TO STUDENT:

1. This question paper consists of one page with one compulsory question only.
2. Answer the compulsory question given.
3. Support your answers with relevant authorities.
4. Please write/type all your answers in the ULV4612 Answer Sheet uploaded in google
classroom. Please download the answer sheet and type/write on the Answer Sheet. At
the end of the exam convert your answer sheet into a Pdf file and upload into google
classroom. Please click “hand in”.
5. This mid -term ends at 10.45am.
6. The timeline is to be strictly followed.
Booklets submitted after 10.45am without valid explanations and supporting
evidence may be subject to marks deduction or given an automatic failure at the
discretion of the lecturer.
COMPULSORY QUESTION

On 11th March 2018 at about 12.30am, acting on information received relating to drug
trafficking activities Insp Kat led a team of police officers to a house No. 2, Jalan Maju
Jaya, Kuala Lumpur. Upon arrival, they conducted surveillance in front of the house.
About 30 minutes later, Bob arrived on a Yamaha LC motorcycle and stopped beside the
road as if waiting for someone. The police team pounced on Bob and arrested him. Insp
Kat carried out a body search on Bob, and found a compressed slab wrapped in an
aluminium foil tucked in front of Bob’s pants. This slab was certified by the chemist to
be 1013g of cannabis, a dangerous drug under the Dangerous Drugs Act 1952. This
formed the subject matter of the charge against Bob which is as follows:

"That you, on the 11th March 2018, at about 1.00 am, in front
No. 2, Jalan Maju Jaya, Kuala Lumpur did traffic in
dangerous drugs, to wit 1013g of cannabis and you have
thereby committed an offence under s. 39B(1)(a) of the
Dangerous Drugs Act 1952 (Act 234) and punishable
under subsection 39B (2) of the same act. "

Bob pleaded not guilty and claimed trial. During trial the prosecution contended at the
end of its case that prima facie all the elements of the charge have been established by
invoking the presumption under s. 37(da) of the Dangerous Drugs Act 1952. The defence
counsel on the other hand made a submission of no case to answer on grounds that
prosecution had failed to satisfy all the requirements to invoke s.37(da) against Bob. The
defence counsel contended that in order to invoke the presumption under s. 37(da), the
prosecution had to establish, by evidence all the following elements:
(i) that Bob was in possession of the drugs;
(ii) the minimum weight of the dangerous drugs was sufficient to trigger the statutory
presumption; and
(iii) Bob did not have authority under the Dangerous Drugs Act 1952 or any other
written law to be in possession of the drugs.
The trial judge ruled that a prima facie case not inherently incredible had been established
by the prosecution and ordered Bob to enter his defence. Bob gave evidence on oath and
stated that on 10th March 2018, his boss Jack passed a small package wrapped in an
aluminium foil to him and asked him to deliver it to a man named Dan at No. 2, Jalan
Maju Jaya, Kuala Lumpur. Bob claimed he had no knowledge that the package contained
cannabis as Jack had told him it was herbal medicine. At the end of trial Bob was found
guilty and sentenced to death by the judge on grounds that he had failed to rebut the
presumption against him. Bob wishes to appeal against his conviction.

Evaluate Bob’s potential grounds of appeal.

(Total: 10%)

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