Malaysia Case Law: Decisions & Judgments

Topic

Forensic evidence (dna/fingerprint)

Legal area

Court

11 Jul 2025

BOO CHERK SIANG

Citation

JB-45A-14-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JB-45A-14-10/2021 (Mahkamah Tinggi)

Prosecution proved identity and weight of the drug and that the accused had custody and control of the vehicle and shoe containing 166.2g methamphetamine; accused’s conduct and owner’s testimony made alternative explanations improbable; statutory presumption of trafficking under s.37(da) applied and accused failed to rebut it on the balance of probabilities, warranting conviction and sentence.
10 Jul 2025

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) AZRIL SANI BIN RAMUDIN 2. ) ASRUL IMRAN BIN ABDULLAH (LISAN)

Citation

WA-45A-23-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-23-01/2022 (Mahkamah Tinggi)

The prosecution failed to prove beyond reasonable doubt that the first and second accused had mens rea possession or acted with common intention to traffic the drugs because the evidence only established a residential link, not a direct link to the drugs; missing corroborative forensic evidence (DNA/fingerprints), multiple access means and plausible alternative explanations rebutted the presumption of trafficking on a balance of probabilities; there was no prima facie case against the third accused. Accordingly all accused were acquitted and discharged.
18 Jun 2019

Karuppu Samy a/l Rajamohan

Citation

J-05(M)-143-04/2017 (Mahkamah Rayuan)
Court

M
Case number

J-05(M)-143-04/2017 (Mahkamah Rayuan)

Trial judge's factual findings that appellant was seen holding the black bag, placed it in the ceiling void, and thereby had physical control and knowledge of the cannabis (657g) were supported by multiple credible eyewitnesses; once possession and the statutory weight threshold were established the presumption of distribution under s37(da)(vi) applied; absence of forensic marks did not negate the eyewitness evidence; appeal dismissed and conviction and death sentence affirmed.

Malaysia Case Law

BOO CHERK SIANG

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) AZRIL SANI BIN RAMUDIN 2. ) ASRUL IMRAN BIN ABDULLAH (LISAN)

Karuppu Samy a/l Rajamohan