Malaysia Case Law: Decisions & Judgments

Topic

Access to premises

Legal area

Court

7 Mar 2025

AHMAD FARIDZ BIN MOHD FADZIL

Citation

AB-42S-4-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AB-42S-4-07/2024 (Mahkamah Tinggi)

On maximum evaluation the prosecution proved custody/control and knowledge of the cannabis plants and seeds, chain of custody and chemical identity were established, the appellant's mother corroborated he admitted cultivating the plants, the s.6B(4) presumption applied and was not rebutted on balance of probabilities, the defence was a bare denial and alternative access was not established; therefore convictions and sentences were upheld.
26 Oct 2023

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) TAN CAR CHUN 2. ) OOI ZHE XIAN

Citation

CB-45-6-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45-6-09/2019 (Mahkamah Tinggi)

The prosecution failed to prove a prima facie case on all charges because it did not establish that the drugs were in the possession, control or knowledge of the accused nor that the requisite purpose of trafficking was proved; material witnesses who had access to the room (notably Lim Yee Chuan) were not produced, justifying application of s114(g) adverse inference, and the remaining evidence (CCTV, P28B, fingerprints/DNA) was insufficient to displace reasonable doubt; accordingly the accused were acquitted without being called to enter their defence.
6 Dec 2022

1. ) NORJIHAN BINTI KASSIM KHAN 2. ) NURUL AZMINA BINTI AZMAN

Citation

DJ-83D-1052-07/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-83D-1052-07/2021 (Mahkamah Majistret)

Prosecution failed to prove a prima facie case that the respondents had possession and knowledge of the drugs because material investigative gaps remained (investigating officer did not investigate identified third parties, failed to exclude access by others, and the drugs were found in an openly accessible location); accordingly an adverse inference under Section 114(g) favoured the respondents and they were acquitted and discharged without being called to enter a defence.

Malaysia Case Law

AHMAD FARIDZ BIN MOHD FADZIL

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) TAN CAR CHUN 2. ) OOI ZHE XIAN

1. ) NORJIHAN BINTI KASSIM KHAN 2. ) NURUL AZMINA BINTI AZMAN