Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Control delivery

  • 25 Jul 2024

    EZEOBI ARRAHA NDUBUISI

    Citation
    WA-45A-86-11/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-45A-86-11/2021 (Mahkamah Tinggi)

    The court found the prosecution proved beyond reasonable doubt that the package contained 438g of MDMA and that the accused took custody and control of the parcel during a controlled delivery, used false identity and fled on discovery; applying the statutory presumption in s37(d) ADB and evaluating the evidence maximally, the accused was deemed to have knowledge and possession sufficient for trafficking under s2 and guilty under s39B(1)(a) ADB; the accused's defence failed to raise reasonable doubt, therefore conviction and sentence followed.

  • 21 Nov 2022

    [ ] ENG KIM LEONG

    Citation
    BA-45A-122-12/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-122-12/2019 (Mahkamah Tinggi)

    Court found prosecution established prima facie that accused had custody and control of the parcel and invoked the s37(d) presumption, and that carrying the parcel could amount to trafficking; however, on evaluation of all evidence including forensic phone data, telecom subscriber records and witness credibility the prosecution did not discharge the burden to prove guilt beyond reasonable doubt, resulting in acquittal.

  • 31 Dec 2021

    [ ] KASTURI A/P NARAYANASAMY

    Citation
    BA-45A-121-12/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-121-12/2019 (Mahkamah Tinggi)

    Prosecution failed to prove an unbroken chain of custody and failed to establish that the accused had possession and knowledge of the MDMA; absent proof of possession no prima facie case of trafficking was made out under section 39B(1)(a) ADB 1952; accused discharged and released without being called to defend.