Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Hostile witness

  • 15 Nov 2024

    ABISHEK RAJ A/L RAJESH KANNAN

    Citation
    BA-45A-150-10/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-150-10/2022 (Mahkamah Tinggi)

    The prosecution failed to prove custody, control and knowledge by the accused to the requisite prima facie standard: material contradictions in police evidence (notably regarding the accused's identity card and inventory procedures), failure to call material co-occupant witnesses and the accused's recorded denials undermined the prosecution case; consequently the statutory presumption under s37 ADB 1952 did not apply and no prima facie case was made out, entitling the accused to benefit of the doubt and acquittal.

  • 21 Nov 2022

    [ ] ENG KIM LEONG

    Citation
    BA-45A-122-12/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-122-12/2019 (Mahkamah Tinggi)

    Court found prosecution established prima facie that accused had custody and control of the parcel and invoked the s37(d) presumption, and that carrying the parcel could amount to trafficking; however, on evaluation of all evidence including forensic phone data, telecom subscriber records and witness credibility the prosecution did not discharge the burden to prove guilt beyond reasonable doubt, resulting in acquittal.

  • 26 Apr 2021

    AB45A-11-09/2018 (Mahkamah Tinggi)

    Citation
    AB45A-11-09/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB45A-11-09/2018 (Mahkamah Tinggi)

    Defence evidence, corroborated by witnesses and early disclosure, successfully rebutted the statutory presumption of trafficking on the balance of probabilities and raised reasonable doubt as to actus reus and mens rea for both charges; prosecution therefore failed to prove guilt beyond reasonable doubt and accused must be acquitted and discharged of both charges.

  • 28 Sept 2020

    PENDAKWARAYA Pendakwaraya Ahmad Kamil bin Anuar

    Citation
    WA-45A-53-12/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-45A-53-12/2018 (Mahkamah Tinggi)

    The prosecution established a prima facie case: chemical analysis confirmed 1522.8g Cannabis, chain of custody was intact, police evidence that keys found on accused were used to access the house and accused guided police to the premises justified inference of custody/control and knowledge under s37(d) ADB; defence explanations were disbelieved or insufficient to raise reasonable doubt, and the quantity and paraphernalia supported trafficking under s39B(1)(a); accordingly accused was convicted and sentenced under s39B(2).