Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Knowledge/inference
  • 6 Jun 2025

    1. ) SOON PING KIONG 2. ) Miss Prakat Tachan (Thailand) (P)

    Citation
    BA-45A-43-03/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-43-03/2022 (Mahkamah Tinggi)

    Prosecution proved identity and chain of custody of seized drugs; defendants' conduct (carrying the boxed drugs, opening secured entry, showing and keeping multiple luggage/bags in their residence accessible only to them) established custody, control and knowledge and satisfied elements of trafficking under s.2 and s.39B ADB; CCW allegations were hearsay or unrelated and did not create reasonable doubt; s.34 common intention and s.37(d) presumption applied; therefore defendants were rightly convicted and sentenced accordingly.