Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Admissibility of conduct as evidence
  • 28 Nov 2024

    Puvanesvaran A/l Mariyappan

    Citation
    JA-83D-2098-03/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JA-83D-2098-03/2022 (Mahkamah Majistret)

    The court found the prosecution proved the identity of the drug (methamphetamine 14.90 g) and maintained an unbroken chain of custody; credible witness evidence placed the accused holding the black plastic bag and his conduct and reaction supported an inference of knowledge; conduct is admissible under s8(2) Evidence Act and not excluded by failure to administer s37B caution; defence evidence was inconsistent and amounted to bare denial/afterthought; therefore guilt proven beyond reasonable doubt and conviction follows with sentence within s39A(1) limits.