Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Chain of custody for exhibits

Legal area

Court

25 Nov 2024

LAKNAKUMARAN A/L MARTHANDAN

Citation

AA-83D-1628-10/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-83D-1628-10/2019 (Mahkamah Majistret)

Evidence established that accused had physical control and knowledge of the drugs (found concealed at his waistband), the forensic report confirmed 8.10g methamphetamine, statutory presumption under s37(d) applied and was not rebutted, the chain of custody was preserved, and on consideration of all evidence the prosecution proved guilt beyond reasonable doubt; conviction under s39A(1) Dangerous Drugs Act 1952 is upheld and sentence imposed (36 months imprisonment and three strokes) is appropriate.
28 Jan 2022

Abdul Halim Bin Darus [ ]

Citation

RA-42S(A)-1-05/2019 (Mahkamah Tinggi)
Court

A
Case number

RA-42S(A)-1-05/2019 (Mahkamah Tinggi)

The High Court allowed the appeal because the Sessions Court erred in law and fact by failing to perform a maximum evaluation of prosecution evidence at the close of the prosecution case; the prosecution failed to call material witnesses whose absence justified an adverse inference under s114(g) Evidence Act; material contradictions between oral testimony and forensic reports and failures to mark exhibits broke the chain of custody and undermined the prima facie case, necessitating acquittal at the close of the prosecution case.