Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Amendment of charge under s.158 cpc

Legal area

Court

27 Oct 2022

Public Prosecutor Mohd Khairul Mahadi bin Hanapi

Citation

BH-82D-6-07/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH-82D-6-07/2019 (Mahkamah Majistret)

Evidence established that the accused's urine sample was labelled, sealed and analyzed showing methamphetamine; discrepancies were immaterial; chain of custody gaps were not fatal given sealing and continuity to chemist; statutory presumption under s.37(k) applied and was not rebutted; charge amended under s.158 CPC to correct place; consequently prosecution proved a prima facie case under s.15(1)(a) DDA 1952 and accused was guilty.
8 Nov 2019

PENDAKWARAYA Pendakwaraya (SPRM) Pulau Pinang Ambualergan A/L Visalingam

Citation

PA-42(R)(A)-1-06/2019 (Mahkamah Tinggi)
Court

R
Case number

PA-42(R)(A)-1-06/2019 (Mahkamah Tinggi)

The High Court upheld the Sessions Court's conviction and sentence because the prosecution proved beyond reasonable doubt that the accused, a public officer, solicited RM2,000 and accepted RM1,000 to switch a drug exhibit; the amendment of the charge under s.158 CPC was lawful and non-prejudicial; the s.50(1) presumption applied and was not rebutted on the balance of probabilities; and the sentence imposed was appropriate and not manifestly excessive.