Malaysia Case Law: Decisions & Judgments

Topic

Drug possession

Legal area

Court

9 Jul 2025

1. ) ZULKIFLEE BIN MAT ISA 2. ) HASNAH BINTI ABU HASSAN

Citation

KA-45A-29-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-29-10/2024 (Mahkamah Tinggi)

Given the large quantity of methamphetamine (218.5g) and the paramount public interest in deterring drug offences, the court held that those factors outweigh mitigation of a guilty plea and first offender status; appellant's sentence of 15 years imprisonment from date of arrest under s12(2) Dangerous Drugs Act 1952 is appropriate and is upheld; no sebat imposed due to age over 50.
8 Jul 2025

MOHD ZARIEF ASHRAFF BIN AZIMI

Citation

BA-45A-126-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-126-08/2022 (Mahkamah Tinggi)

Prosecution proved identity and net weight of drugs via chemist report; chain of custody and witness evidence (including proximity and exclusive control of the rented vehicle by the accused and his flight/aggressive conduct) were sufficient to infer knowledge and possession; statutory presumption under s37(da) applied because total weight exceeded 15g, supporting conviction for distribution under s39B DDA 1952.
14 Jan 2025

MUHAMMAD FAIZ BIN MOHD ISA

Citation

B-05(SH)-393-09/2023 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-393-09/2023 (Mahkamah Rayuan)

The Court accepted the prosecution's representation to amend the first charge to one under section 6 of the Dangerous Drugs Act 1952; appellants pleaded guilty to the amended charge, the Court assessed mitigation and sentencing precedents involving similar quantities of cannabis, balanced public interest and deterrence, and substituted the conviction accordingly, imposing nine years' imprisonment from date of arrest and ten strokes; appeals against the second and third charges were dismissed/withdrawn.
12 Dec 2024

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) AZRIL SANI BIN RAMUDIN 2. ) AIZAD IMRAN BIN HELMI

Citation

WA-45A-81-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-81-11/2021 (Mahkamah Tinggi)

On the evidence the court found first accused had custody and control of the car and bag and was in mens rea possession of cannabis (1948.3g) and meth (68.06g) but prosecution did not prove overt acts of trafficking before arrest, therefore A1 is guilty of possession (DDA ss.6 and 12(2)) punishable under s.39A(2); second accused, a passenger, successfully raised reasonable doubt about knowledge and handling and was acquitted of trafficking charges.
27 Nov 2024

Mohd Fauzi Bin Shaari [ ]

Citation

K-05(SH)-274-06/2022 (Mahkamah Rayuan)
Court

SH
Case number

K-05(SH)-274-06/2022 (Mahkamah Rayuan)

The Court allowed the appeal in part: it accepted the prosecution's representation to substitute the original s39B trafficking charge to an offence under s6 (possession) punishable under s39A(2) because the prosecution consented and the evidence supported possession by the appellant; the sentence was adjusted accordingly while the separate conviction under s12(2) was maintained; sentencing balanced public interest and mitigation.
20 Jan 2023

[ ] 1. ) Yap Yee Meng 2. ) Miss Tanyaporn Kakham

Citation

BA-45A-37-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-37-05/2019 (Mahkamah Tinggi)

Court held that prosecution proved prima facie possession and knowledge against first accused for drugs found inside the toilet (P25) and convicted him on those possession counts relying on circumstantial evidence and the presumption under s37(d). The court found prosecution failed to prove possession/knowledge and joint intention for items found on the roof because discrepancies in photographs and lack of corroboration raised reasonable doubt; accordingly first accused was acquitted on counts relating to roof items and second accused was discharged and acquitted on all counts for lack of men…
10 Oct 2022

NUR IRENA BINTI ROSRI

Citation

BK-62D-46-05/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK-62D-46-05/2022 (Mahkamah Sesyen)

The court accepted the accused's guilty plea as valid and having considered mitigating factors granted credit for the early plea but concluded that statute s.39A(2) mandates a minimum custodial sentence of five years for the prescribed amount; balancing mitigation against public interest and deterrence the court imposed the minimum five-year imprisonment starting from date of arrest and exempted whipping because the offender was female under procedural provision.

Malaysia Case Law

1. ) ZULKIFLEE BIN MAT ISA 2. ) HASNAH BINTI ABU HASSAN

MOHD ZARIEF ASHRAFF BIN AZIMI

MUHAMMAD FAIZ BIN MOHD ISA

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) AZRIL SANI BIN RAMUDIN 2. ) AIZAD IMRAN BIN HELMI

Mohd Fauzi Bin Shaari [ ]

[ ] 1. ) Yap Yee Meng 2. ) Miss Tanyaporn Kakham

NUR IRENA BINTI ROSRI