Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Dangerous drugs act s.39b(2a)
  • 25 Oct 2021

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    Citation
    Q-05(M)-364-09/2020 (Mahkamah Rayuan)
    Court
    M
    Case number
    Q-05(M)-364-09/2020 (Mahkamah Rayuan)

    The court held s.39B(2A)(a)-(d) are circumstances the court may have regard to and are to be read disjunctively rather than as conjunctive mandatory prerequisites; the presence of (d) (assistance to enforcement) is not a mandatory condition for exercising discretion to impose life imprisonment and whipping. Where the prosecution asserts absence of assistance it bears the evidential burden to prove that on a balance of probabilities because the matter is within the knowledge of enforcement agencies; a pre‑sentencing hearing and appropriate evidence are required to determine (d). Applying these…