Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Admissibility of conduct

  • 11 Jul 2025

    BOO CHERK SIANG

    Citation
    JB-45A-14-10/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-45A-14-10/2021 (Mahkamah Tinggi)

    Prosecution proved identity and weight of the drug and that the accused had custody and control of the vehicle and shoe containing 166.2g methamphetamine; accused’s conduct and owner’s testimony made alternative explanations improbable; statutory presumption of trafficking under s.37(da) applied and accused failed to rebut it on the balance of probabilities, warranting conviction and sentence.

  • 7 Jul 2022

    Ahrjun A/l Chandran [ ]

    Citation
    B-05(M)-183-04/2019 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-183-04/2019 (Mahkamah Rayuan)

    Conviction for trafficking under s39B(1)(a) was unsafe because the trial judge failed to state whether he relied on direct evidence or statutory presumptions (s37(d)/s37(da)); however, on the evidence the appellant did have possession of the drugs and the trafficking conviction is substituted with a conviction for possession (s6) and sentenced to 13 years and 10 strokes. Other convictions under s12(2) were upheld but one sentence reduced to 3 years where the original sentence exceeded statutory maximum.

  • 24 Jan 2022

    KONG SENG LONG [Jabatan Peguam Negara]

    Citation
    J-05(M)-177-06/2020 (Mahkamah Rayuan)
    Court
    M
    Case number
    J-05(M)-177-06/2020 (Mahkamah Rayuan)

    The Court dismissed the appeal because (1) inconsistencies in police reports were satisfactorily explained and did not render information under s27 inadmissible; (2) appellant's conduct in leading, picking up and handing over drugs was admissible under s8 Evidence Act 1950 and is not a 'statement' requiring a s37B caution; (3) evidence established appellant's exclusive occupation and possession of the room and items, excluding reasonable access by others; and (4) there was no fatal break in the chain of custody — thus prosecution proved guilt beyond reasonable doubt and statutory presumption…

  • 17 Jul 2020

    Lim Kee Fu Tan Choon Ming

    Citation
    W-05(M)-117-02/2018 & W-05(M)-120-02-20/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    W-05(M)-117-02/2018 & W-05(M)-120-02-20/2018 (Mahkamah Rayuan)

    The Court upheld the trial judge's factual findings that the prosecution proved actual possession independent of statutory presumptions, correctly considered the appellants' flight and unchallenged tenancy evidence together with other circumstances, properly invoked the presumption of trafficking under s37(da) after finding possession, found no fatal investigative lapse, and reasonably inferred common intention; accordingly convictions and death sentences were affirmed.