Alma Nudo Atenza and Letitia Bosman were both convicted of drug trafficking and sentenced to death under the Dangerous Drugs Act 1952 (DDA). Malaysian law imposes the mandatory death penalty for drug trafficking.
In both cases, the Federal Court made interesting observations regarding the death penalty and how the DDA legal regime operates.
What are the elements to be proven to convict a person of trafficking? When is it presumed that you are in possession of, or trafficking in, drugs? Is the mandatory death penalty constitutional?
During our chat, we discussed the Federal Court’s decisions, in particular:
- the presumptions of possession and trafficking
- the rule against the use of double presumptions under the DDA
- the constitutionality of section 37A of the DDA and the mandatory death penalty