Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Knowledge element of possession

Legal area

Court

14 Oct 2024

MUHAMMAD DANIEL MARICAN BIN KAMARUDDIN

Citation

AA-41H-7-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-41H-7-03/2023 (Mahkamah Tinggi)

Evidence established prima facie that the seized substance was 38.45g cannabis, the appellant was found in physical possession of the box containing it (showing control and knowledge given circumstances), the chain of custody and laboratory and urine test procedures were intact and reliable so s37(k) presumption applied; appellant's denials and procedural complaints did not raise reasonable doubt; sentencing was within lawful discretionary bounds and not interfered with by the appellate court.
31 Oct 2023

[Pejabat Pengarah Pendakwaan Negeri Kelantan] Muhammad Hisyam Najmie Bin Mohd Azlan

Citation

DJ-83D-1007-09/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-83D-1007-09/2020 (Mahkamah Majistret)

Material and irreconcilable contradictions among prosecution witnesses regarding the circumstances of arrest and seizure, coupled with the investigating officer's failure to investigate a defence‑nominated third party (Azam) permitting an adverse inference under s114(g) Evidence Act, meant the prosecution failed to prove possession and knowledge beyond reasonable doubt; hence respondent must be acquitted and discharged despite chemist’s confirmation of the substance identity.