Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Manufacturing of drugs

  • 25 Aug 2020

    1. ) Chan Wei Loon 2. ) Lai Kar Meng Public Prosecutor

    Citation
    05(M)-145-06/2018(N); 05(M)-146-06/2018(N) (Mahkamah Persekutuan)
    Court
    M
    Case number
    05(M)-145-06/2018(N); 05(M)-146-06/2018(N) (Mahkamah Persekutuan)

    Convictions on the first charge were unsafe because the prosecution failed to prove possession, control or a sufficient nexus between the appellants and the alleged manufacturing; material contradictions in police evidence and unexcluded third‑party access undermined the prosecution's case. Possession remains an essential ingredient in manufacturing cases depending on the facts; where possession or nexus is not proven the trafficking definition cannot be properly applied. Accordingly, first‑charge convictions for both appellants were quashed and they were acquitted and discharged. On the seco…

  • 10 Mar 2020

    Alex Aby Jacob Alexander

    Citation
    B-05(M)-87-02/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-87-02/2018 (Mahkamah Rayuan)

    On the totality of the evidence — expert chemical analysis establishing large quantities of methamphetamine and ketamine produced on the premises, corroborating forensic and DNA links between appellants and items at the scene, the layout and paraphernalia consistent with manufacturing, and the appellants' proximity and conduct at a locked premises — the trial judge rightly concluded circumstantial proof established manufacturing, knowledge and joint intent; the trial judge properly assessed credibility and exhibit identification was adequate; therefore convictions and death sentences are safe…

  • 27 Nov 2019

    Muhammad Lukman bin Mohamad

    Citation
    B-05(M)-452-09/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-452-09/2018 (Mahkamah Rayuan)

    Charges 1 and 2: convictions and death sentences affirmed because the prosecution proved the presence of Delta-9-Tetrahydrocannabinol and established manufacturing, control and trafficking by credible forensic and circumstantial evidence despite lack of separate quantitative assay; Charge 3: trial judge failed to make an explicit finding whether the s37(da) presumption was rebutted, rendering the trafficking conviction unsafe, therefore conviction under s39B(1)(a) set aside and substituted with possession under s6 punishable under s39A(2), with appellate imposition of 7 years imprisonment fro…