Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Compliance with s31a adb 1952
  • 29 May 2023

    LIM SWEE LEONG

    Citation
    AB-83D-1495-10/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AB-83D-1495-10/2021 (Mahkamah Majistret)

    Prosecution established an unbroken chain of custody and credible forensic analysis showing amphetamine and methamphetamine in the defendant’s urine; statutory presumption under s37(k) ADB 1952 was validly engaged and the defendant failed to rebut that presumption on the balance of probabilities; therefore the elements of s15(1)(a) ADB 1952 were proven beyond reasonable doubt and defendant is guilty. Sentencing weighed mitigation (serious health condition, sole carer responsibilities) against prior conviction and public interest, resulting in a fine of RM4,700 and mandatory AADK supervision f…