Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Knowledge and possession inference

Legal area

Court

7 Feb 2025

MUHAMMAD HAFIZI BIN MOHD ZULKIFLI

Citation

AP-83D-13-01/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AP-83D-13-01/2022 (Mahkamah Majistret)

The court convicted because consistent witness testimony placing the non-transparent bag containing the drugs and the accused's identity card within one foot of the accused, coupled with unchallenged chemical analysis, established physical control and knowledge beyond reasonable doubt; belated defence assertions (ownership by wife) were afterthoughts and insufficient to raise reasonable doubt.
19 Nov 2019

WAN MAZRI BIN PAK WAN TEH

Citation

P-05(M)-241-04/2018 (Mahkamah Rayuan)
Court

M
Case number

P-05(M)-241-04/2018 (Mahkamah Rayuan)

The Court held the trial judge correctly found a prima facie case: possession and knowledge were properly inferred from the presence of drugs in the appellant's room, proximity to the appellant and personal items linking him to the room, and the s37(da) presumption applied given the quantity; additionally, refusal to further adjourn or allow additional submissions did not amount to miscarriage because adequate opportunity had been afforded and s181 CPC is discretionary. Accordingly the conviction and mandatory death sentence under s39B were affirmed.