Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Caution under s37b dda

Legal area

Court

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.
11 Mar 2022

ARIFF ARHANNAN BIN CHE UDIN

Citation

05(M)-22-02/2020(N) (Mahkamah Persekutuan)
Court

M
Case number

05(M)-22-02/2020(N) (Mahkamah Persekutuan)

Where credible evidence establishes affirmative possession with knowledge, the trial court must invoke the s37(da) presumption of trafficking; the appellant's conduct of handing the bag was not a 'statement' under s37B and was admissible as conduct relevant to knowledge; appellant failed to rebut the presumption on the balance of probabilities so conviction and sentence are affirmed.