Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Overt act requirement

  • 15 Oct 2025

    CHE KU SAHABUDIN BIN CHE KU MAN

    Citation
    T-05(SH)-588-12/2023 (Mahkamah Rayuan)
    Court
    SH
    Case number
    T-05(SH)-588-12/2023 (Mahkamah Rayuan)

    Where prosecution proved the nature and quantity of drugs and established direct possession/control (proximity and custody), the statutory presumption under s.37(da)(xvi) applied; the trial court erred by revisiting its prima facie findings at the defence stage and by failing to determine whether the accused had rebutted the presumption on the balance of probabilities. The accused failed to rebut; convictions otherwise set aside or restored accordingly and appropriate sentences imposed.

  • 15 Jul 2020

    PENDAKWARAYA Public Prosecutor Anagwaonye Chukwudi Nathaniel

    Citation
    B-05(M)-309-06/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-309-06/2018 (Mahkamah Rayuan)

    Trial judge validly found appellant had custody and control of the bag containing concealed drugs, correctly invoked the rebuttable presumption under s37(d) DDA 1952, the presumption was not rebutted on the facts (including signing consignment, producing laminated passport, placing bag in taxi boot and large concealed quantity), the innocent carrier defence failed, Alcontara particulars were insufficient, non‑production of offered witness was immaterial, and therefore conviction for trafficking under s39B and death sentence were upheld.