Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Expert forensic evidence (gcms)
  • 8 Oct 2020

    Konradt Prosch Public Prosecutor

    Citation
    B-05(M)-165-03/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-165-03/2018 (Mahkamah Rayuan)

    Appellant had custody and control of a bag containing 1382.6g methamphetamine which invoked the rebuttable presumption under s37(d); the quantity, concealment and manner of carriage permitted a reasonable inference of trafficking under s2; chemist evidence confirming the drug was reliable and unexplained investigative omissions or minor inconsistencies did not raise reasonable doubt; appellant failed to rebut presumption or demonstrate innocence and was wilfully blind; appeal dismissed and conviction and mandatory death sentence under s39B(2) affirmed.