Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Missing witnesses and adverse inference
  • 18 Apr 2023

    MOHD AZRI BIN MOHD RADZI

    Citation
    KA-42S-2-11/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-42S-2-11/2021 (Mahkamah Tinggi)

    Appeal dismissed. The High Court found no error in the session court's reasoning or factual findings: the session judge gave adequate reasons, correctly evaluated prosecution evidence and established a prima facie case (possession, control, knowledge of 36.63g methamphetamine), found defence to be mere uncorroborated denial, treated minor inconsistencies as immaterial, correctly declined to draw s.114(g) inference given prosecutor's discretion and lack of suppression of material evidence, and imposed a sentence within legal principles considering public interest, drug weight/type and mandator…