Malaysia Case Law: Decisions & Judgments

Topic

Chemist evidence

Legal area

Court

30 Oct 2024

[ ] NOOR AZIZI BIN JA'AFAR

Citation

DJ-83D-976-06/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-83D-976-06/2021 (Mahkamah Majistret)

Chemist evidence established the seized items as Mitragynine; accused was observed alone transporting materials and found in immediate proximity to large quantities of the substance; no credible evidence showed another person had access or control; chain of custody was intact; accused failed to provide any credible explanation or to produce material evidence (or identify the alleged third party) during investigation; therefore prosecution proved possession and knowledge beyond reasonable doubt and conviction followed.
7 Dec 2023

AHMAD TAJUDIN BIN IBRAHIM

Citation

TA-83D-431-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-83D-431-03/2021 (Mahkamah Majistret)

Accused was observed discarding the exhibits during a lawful search, establishing direct possession and knowledge; the prosecution proved an uninterrupted chain of custody and the chemist confirmed the exhibits as methamphetamine totalling 0.33 g; defence evidence was inconsistent, raised only after trial commenced and amounted to bare denial/afterthought; on the totality of evidence the prosecution proved the offence beyond reasonable doubt; Section 37(d) ADB did not apply.
11 Apr 2023

MOHAMAD ARIFFUDIN BIN MOHAMAD ZULKIFLI

Citation

TC-83D-324-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TC-83D-324-03/2021 (Mahkamah Majistret)

The court found the prosecution proved beyond reasonable doubt that the seized substance was methamphetamine (11.20g) and that the accused had possession and knowledge because the drug was found in his hand and he nodded to admit it; the defence account was a bare denial and failed to raise reasonable doubt; accordingly conviction under Section 12(2) Dangerous Drugs Act 1952 was upheld and the sentence of 30 months imprisonment and three strokes of the cane was appropriate and confirmed.
16 Mar 2023

[TIMBALAN ] 1. ) Muhammad Syafiq Bin Hazli 2. ) MUHAMMAD FAIZ FARIHIN BIN ROSLAN

Citation

D-83D-709-08/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

D-83D-709-08/2020 (Mahkamah Majistret)

The court held the prosecution proved beyond reasonable doubt that the seized substance was methamphetamine (0.34g), that the accused had control and knowledge of the drug based on location in accused's rented room, credible corroborative testimony of co-occupant (SP10) and surrounding facts showing common intention; accordingly accused (OKT 2) was convicted under Section 12(2) Dangerous Drugs Act 1952 read with s12(3) and s34 Penal Code and sentenced to a fine of RM10,000 in default 12 months imprisonment.
31 Jan 2023

MOHD DAIZZUAN BIN EMBONG

Citation

TA-83D-1337-09/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-83D-1337-09/2021 (Mahkamah Majistret)

Prosecution proved identity of drugs by chemist, maintained unbroken chain of custody, established defendant's exclusive control of the bedroom and his conduct gave rise to an inference of knowledge; therefore s37(d) presumption applied and the accused was guilty beyond reasonable doubt on both counts.
31 Jan 2023

MOHD DAIZZUAN BIN EMBONG

Citation

TA-83D-80-01/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-83D-80-01/2021 (Mahkamah Majistret)

Prosecution proved beyond prima facie threshold that the seized items were methamphetamine (chemist evidence); items were found in accused's bedroom in plain view, supported by credible police and family evidence establishing exclusive use of the room, intact chain of custody, and conduct indicating knowledge; statutory presumption under s37(d) applied and defence failed to raise a reasonable doubt, warranting conviction and imposed sentences as stated.
17 Jun 2021

PENDAKWARAYA Tan Khee Sen

Citation

45A-11-03/2017 & 45A-52-11/2017 (Mahkamah Tinggi)
Court

High Court
Case number

45A-11-03/2017 & 45A-52-11/2017 (Mahkamah Tinggi)

The prosecution proved identity, weight and continuity of custody of the seized drugs by chemist evidence and established possession and control by the accused through direct evidence (keys, residence testimony) and DNA; statutory presumption under s37(da) applied for trafficking quantities and was not rebutted on balance of probabilities; therefore accused convicted on all counts, sentenced to death for trafficking charges 1 and 3 (no evidence of assistance under s39B(2A)), and concurrent terms imprisonment for remaining possession/poisons charges.
19 Apr 2021

PENDAKWARAYA CAWTHAMEN A/L MATHEVAN

Citation

PA-45A-42-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-42-06/2018 (Mahkamah Tinggi)

Court held prosecution proved identity, weight and chain of custody of the drugs and that the accused had possession and knowledge based on immediate proximity and presence of paraphernalia (weighing scale, sealer, empty packets); statutory presumption of trafficking was triggered by weight; accused failed to rebut presumption and failed to establish assistance under s39B(2A)(d), therefore convicted and sentenced to death for trafficking under s39B(2) and to 3 years imprisonment plus 3 strokes for possession under s39A(1).
29 Jan 2020

PENDAKWARAYA TAN SIEW HEE 741012-07-5965

Citation

PA-45A-77-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-77-10/2018 (Mahkamah Tinggi)

The prosecution proved the charge beyond reasonable doubt by establishing reliable chemist analysis of 15,277.2 grams methamphetamine, an unbroken chain of custody with intact identification marks, direct evidence of the accused removing the bag from the car and his demonstrable reaction on arrest indicating knowledge, and the accused failed to rebut the statutory presumption of trafficking; accordingly convicted and sentenced under s39B(2).