Scribd Logo
Upload

Welcome to Scribd!

  • 61 views

    Custom

    Uploaded by

    fidastarfish
    Indera, a customs officer, noticed a suspicious lorry at the customs gate. He observed the driver, Supir, exit the lorry and go to the customs office. When Supir returned, Indera instructed for the lorry to be scanned, where suspicious images were found. Indera then informed Supir he would inspect the lorry. Supir resisted the inspection and admitted to Indera he was carrying "ganja". A search found bags containing over 57kg of cannabis hidden in the lorry. Supir is charged with drug trafficking. As defence counsel, they will argue Supir's admission of carrying ganja is inadmissible as no caution was given under section

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Custom

    Uploaded by

    fidastarfish
    61 views1 page
    Indera, a customs officer, noticed a suspicious lorry at the customs gate. He observed the driver, Supir, exit the lorry and go to the customs office. When Supir returned, Indera instructed for the lorry to be scanned, where suspicious images were found. Indera then informed Supir he would inspect the lorry. Supir resisted the inspection and admitted to Indera he was carrying "ganja". A search found bags containing over 57kg of cannabis hidden in the lorry. Supir is charged with drug trafficking. As defence counsel, they will argue Supir's admission of carrying ganja is inadmissible as no caution was given under section

    Original Description:

    quest

    Original Title

    custom

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Indera, a customs officer, noticed a suspicious lorry at the customs gate. He observed the driver, Supir, exit the lorry and go to the customs office. When Supir returned, Indera instructed for the lorry to be scanned, where suspicious images were found. Indera then informed Supir he would inspect the lorry. Supir resisted the inspection and admitted to Indera he was carrying "ganja". A search found bags containing over 57kg of cannabis hidden in the lorry. Supir is charged with drug trafficking. As defence counsel, they will argue Supir's admission of carrying ganja is inadmissible as no caution was given under section

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    61 views1 page

    Custom

    Uploaded by

    fidastarfish
    Indera, a customs officer, noticed a suspicious lorry at the customs gate. He observed the driver, Supir, exit the lorry and go to the customs office. When Supir returned, Indera instructed for the lorry to be scanned, where suspicious images were found. Indera then informed Supir he would inspect the lorry. Supir resisted the inspection and admitted to Indera he was carrying "ganja". A search found bags containing over 57kg of cannabis hidden in the lorry. Supir is charged with drug trafficking. As defence counsel, they will argue Supir's admission of carrying ganja is inadmissible as no caution was given under section

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    QUESTION 15

    Indera is a custom officer attached to the Customs Narcotic Unit. On 29th January 2016, while
    on duty, he noticed a lorry that was parked at the custom’s gate pass of the immigration
    Complex, Padang Besar. He then saw the lorry being driven to a spot and then it stopped. Supir
    was the driver of the lorry and he was alone in the lorry. Supir then came out from the lorry
    and proceeded towards the custom office. Indera proceeded towards the lorry and waited for
    Supir to return to the lorry. When Supir returned, Indera instructed the lorry to be scanned at
    the scanning machine that was being manned by another customs officer, Rosley. After the
    lorry was scanned through the machine, Rosley found that the front portion of the lorry
    contained some suspicious images. Thereafter, Indera informed Supir that he would inspect the
    lorry. Next there were exchanges between Indera and Supir as the latter tried to talk Indera out
    of inspecting the lorry. It was at this point, according to Indera, Supir admitted to him that he
    was carrying ‘ganja’. After a thorough search of the lorry, Indera and Rosley found eight plastic
    bags containing compressed slabs of dried leaves, suspected to be cannabis, which were hidden
    in between the boxes in the cargo compartment. The contents of the eight bags were later
    confirmed by the government chemist to be 57.074.47g of cannabis. Supir is charged for the
    offence of trafficking in drugs, an offence under s. 39B(1)(a) of the Dangerous Drugs Act 1952.
    As the defence counsel, what will be your argument that Supir’s statement to Indera that he
    was carrying ‘ganja’ is inadmissible?
    How will the prosecution reply and how will the learned judge decide?

    DEFENCE COUNSEL:
    Counsel for Supir (lorry driver) will argue that his statement to Indera that he was carrying
    ganja must be excluded. Learned counsel will argue that the statement was inadmissible for the
    reason that at the time it was uttered, no caution under S.37A of the DDA was administered,
    despite the fact that Supir at that time under arrest.

    PROSECUTION:
    S.111(2) Customs Act 1967 – any officer of customs may stop and examine any vehicle for the
    purpose of ascertaining whether any uncustomed or prohibited goods are contained therein,
    and the person in control or in charge of such vehicle shall if required so to do by such officer,
    stop such vehicle and allow such officer to examine the same.

    You might also like