Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Police procedure

  • 20 Nov 2024

    AB KADIR ZAILANI BIN ABDUL HUKOM

    Citation
    WA-62D-151-02/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62D-151-02/2024 (Mahkamah Sesyen)

    Prosecution proved beyond reasonable doubt via observed preliminary test, secure chain of custody, and GCMS confirmation that urine contained morphine; accused is a recidivist with three prior convictions invoking section 39C(1) DDA which prescribes imprisonment of not less than five and not more than seven years and whipping; balancing mitigation and public interest, court exercised discretion to impose the maximum lawful term of seven years imprisonment and three years police supervision; photographic evidence of urination is not required by law.

  • 30 Sept 2020

    PENDAKWARAYA SIVA RAMAN A/L RAMASAMY

    Citation
    PA-45A-56-08/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-45A-56-08/2018 (Mahkamah Tinggi)

    On maximum evaluation the court found the prosecution proved the nature and weight of the drugs (208.0 grams of cannabis) and actual possession by the accused with intact chain of custody; the statutory presumption of trafficking under s37(da) DDA was triggered and the defence failed to rebut on the balance of probabilities or to raise a reasonable doubt; accordingly the accused was convicted and sentenced under s39B DDA.