Malaysia Case Law: Decisions & Judgments

Topic

Capital sentencing

Legal area

Court

19 May 2022

[ ] Bala Ganapati A/l Sekhar

Citation

BA-45A-68-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-68-07/2019 (Mahkamah Tinggi)

Chemical analysis confirmed methamphetamine (582.9g); accused was found alone carrying the bag containing the drugs in his car which he owned; the statutory presumption under s.37(d) applied and accused failed, on balance of probabilities, to rebut that presumption or provide a credible innocent-carrier explanation; the quantity supported inference of trafficking; therefore prosecution established a prima facie case and beyond reasonable doubt the accused was guilty of trafficking under s.39B(1)(a) ADB 1952 and was convictable and punishable under s.39B(2).
9 Jul 2019

LOW KAI GIE (NO.K/P: 841124-07-5415)

Citation

P-05(M)-92-02/2018 (Mahkamah Rayuan)
Court

M
Case number

P-05(M)-92-02/2018 (Mahkamah Rayuan)

Trial judge properly found appellant was in mens rea physical possession of 146.9g methamphetamine, which triggered the mandatory statutory presumption of trafficking under s37(da)(xvi) DDA; appellant failed to rebut that presumption on the balance of probabilities, and there was no misdirection or mishandling of facts warranting appellate interference, therefore conviction and death sentence were affirmed.
26 Apr 2019

NGUYEN VAN TROI

Citation

K-05(M)-243-06/2017 (Mahkamah Rayuan)
Court

M
Case number

K-05(M)-243-06/2017 (Mahkamah Rayuan)

The Court held the conviction must stand because the prosecution proved appellant had custody and control of the bag containing 2,270.01g methamphetamine, the trial judge properly invoked the s.37(d) presumption of possession and knowledge, and the appellant failed to rebut that presumption or justify the innocent carrier defence on the evidence; carrying the bag from Thailand to Malaysia also established trafficking under s.2.

Malaysia Case Law

[ ] Bala Ganapati A/l Sekhar

LOW KAI GIE (NO.K/P: 841124-07-5415)

NGUYEN VAN TROI