Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Innocent carrier/wilful blindness

  • 3 Jun 2025

    [ ] MUHAMAD SYAFIQ BIN ROSLI

    Citation
    KA-45A-27-06/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45A-27-06/2023 (Mahkamah Tinggi)

    Court found prosecution proved a prima facie case: chemist confirmed seized substance was Cannabis; chain of custody and documentary/photographic evidence sufficiently linked the analysed samples to items recovered; accused was sole occupant, in close proximity and had custody and control of the drugs which were being transported over time constituting an overt act of trafficking under s.2 and s.39B; defence of innocent carrier rejected for lack of credible Alcontara particulars, implausibility and wilful blindness; accordingly accused convicted under s.39B(1)(a) and sentenced to death given…

  • 3 Jun 2025

    [ ] MUHAMAD SYAFIQ BIN ROSLI

    Citation
    KA-45A-27-06/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45A-27-06/2023 (Mahkamah Tinggi)

    On maximum evaluation the prosecution proved identity of the seized drug as Cannabis, established unbroken chain of custody sufficient to link the analyzed samples to the seized items, proved accused had custody/control and close proximity while transporting the concealed large quantity, and evidence permitted inference of knowledge; transporting in these circumstances constituted trafficking under s2 and conviction under s39B(1)(a) followed, with death sentence warranted given quantity and public interest.