Malaysia Case Law: Decisions & Judgments

Topic

Conduct evidence (s8 evidence act)

Legal area

Court

16 Apr 2024

[ ] LIM SHUH PENG

Citation

KA-45A-79-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-79-12/2019 (Mahkamah Tinggi)

The court found direct evidence (visual observation, CCTV, possession of the bag at arrest, matching clothing and contents, chemical analysis) established custody and control and permitted an inference of knowledge; statutory presumptions under s37(da) applied due to weights, defence failed to rebut those presumptions on balance of probabilities, therefore prosecution proved each element beyond reasonable doubt and conviction followed.
9 Nov 2023

LOO YONG HENG [ ]

Citation

J-05(SH)-253-06/2022 (Mahkamah Rayuan)
Court

SH
Case number

J-05(SH)-253-06/2022 (Mahkamah Rayuan)

The Court found that the trial judge permissibly invoked the presumption under s37(da) because the drugs (including 183.14g methamphetamine) were in plain view in the appellant's sole-occupied room alongside distribution paraphernalia and cash, establishing actual possession or, alternatively, a proper basis for the statutory presumption; the appellant's denials were bare and failed to raise reasonable doubt; SP5 was hostile but material parts of his primary evidence were corroborated and admissible; therefore convictions on all six charges were safe and upheld; pursuant to Akta 846 the manda…
11 Sept 2023

XXXX

Citation

W-05(SH)-277-08/2020 (Mahkamah Rayuan)
Court

SH
Case number

W-05(SH)-277-08/2020 (Mahkamah Rayuan)

On full review the Court of Appeal found the prosecution adduced a coherent and compelling circumstantial case against PKK1: positive identifications by SP68/SP69 corroborated by CCTV, forensic evidence of accelerant and gas cylinders, and conduct pointing (discovery of lighter) satisfied elements three and four of murder under s300(d); SP70/SD3 were correctly classified as accomplices/rancak sejenayah whose inconsistent testimony was rightly rejected or treated with caution; PKK1's alibi/denials did not raise a reasonable doubt. Conversely, prosecution failed to eliminate reasonable inferenc…
3 Sept 2021

PENDAKWARAYA Puan Izalina binti Abdullah (Jabatan Peguam Negara) Puan Suzana Norlihan binti Alias (Tetuan Suzana Norlihan)

Citation

WA-45A-32-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-32-06/2018 (Mahkamah Tinggi)

The court accepted the chemist's report establishing the substance as cannabis weighing 299.09g and found the chain of custody intact. The accused was observed holding the sling bag, attempted to dispose of it, and the accused's NRIC was found in the bag; these facts established actual possession and knowledge. Possession of more than 200g invoked the statutory presumption of trafficking under s37(da) DDA which the accused failed to rebut on balance of probabilities. Accordingly the accused was convicted under s39B(1) DDA.
21 Apr 2020

Low Wei Beng

Citation

JA-42H-4-04-2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-42H-4-04-2018 (Mahkamah Tinggi)

Because the appellant led police to the concealed location and pointed out the bushes where the firearm and ammunition were hidden, the discovery was a direct consequence of his information and so much of that information as related to the discovery was admissible under s27; those facts established knowledge, control and possession notwithstanding custody; the trial judge's factual findings were entitled to deference and no reasonable doubt was raised by the defence, hence convictions and sentences are upheld.

Malaysia Case Law

[ ] LIM SHUH PENG

LOO YONG HENG [ ]

XXXX

PENDAKWARAYA Puan Izalina binti Abdullah (Jabatan Peguam Negara) Puan Suzana Norlihan binti Alias (Tetuan Suzana Norlihan)

Low Wei Beng