Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Forensic evidence (dna/fingerprints)

Legal area

Court

24 Mar 2025

MUHAMAD SHAM BIN AZEMI [Timbalan (TPR), Jabatan Peguam Negara]

Citation

W-05(M)-113-03/2023 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-113-03/2023 (Mahkamah Rayuan)

The Court held that the prosecution proved actual possession, knowledge and control of the seized methamphetamine by the appellant on both charges based on SP3's testimony, CCTV, the appellant's conduct in carrying and placing packages and leading police to the Kelisa, the presence of the appellant's passport in the car and the remote keys found in his apartment. Given the quantities seized, the statutory presumption of trafficking under s.37(da) DDA 1952 applied and the appellant failed to rebut it on the balance of probabilities. The trial judge did not err in evaluating credibility and rej…
4 Oct 2021

Lee Gee Hian Pendakwaraya

Citation

P-05(M)-16-01/2019 (Mahkamah Rayuan)
Court

M
Case number

P-05(M)-16-01/2019 (Mahkamah Rayuan)

The Court upheld the trial judge’s finding that SP7 was credible, that the appellant had physical custody/control of the bag containing 1564.3g methamphetamine and had knowledge of its contents (inferred from conduct and circumstances); the prosecution did not withhold CCTV evidence and the absence of DNA/fingerprint evidence was not fatal; the defence failed to rebut the presumption of trafficking under s37(da); accordingly conviction and death sentence were affirmed.