Li Zhanlin [ ]

Prosecution established beyond reasonable doubt custody, control and possession of 1,508.9 grams of methamphetamine and the statutory presumption under section 37(d) DDA was not rebutted; therefore the conviction for trafficking and the sentence were correctly entered and are upheld.

Citation: B-05(SH)-287-08/2023 (Mahkamah Rayuan)
Parties: Appellant: Li Zhanlin; Respondent: Public Prosecutor
Court: SH
Jurisdiction: Malaysia
Judgment Date: 29 May 2025
Case Number: B-05(SH)-287-08/2023 (Mahkamah Rayuan)
Procedural Posture: Criminal Appeal / Court of Appeal Judgment on Appeal From the High Court
Outcome: Appeal dismissed; conviction and sentence upheld
Legal Topics: Trafficking, Possession, Presumption of Knowledge Under Section 37(d) DDA, Ineffective Assistance of Counsel / Right to Fair Trial
Source Language: Malay/English

Criminal Law Narcotics/drugs Law Constitutional Law Trafficking Possession Presumption of Knowledge Under Section 37(d) DDA Ineffective Assistance of Counsel / Right to Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Li Zhanlin

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeal From the High Court

Legal Issues

1 Whether trial counsel's alleged flagrant incompetence breached the appellant's right to a fair trial
2 Whether prosecution proved mens rea possession and application of statutory presumption under section 37(d) DDA
3 Whether appellant was properly found to have committed actual trafficking and/or presumed trafficking under section 37(da) DDA

Ratio Decidendi

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

Appeal dismissed
Conviction and sentence of life imprisonment and 15 strokes of whipping affirmed