Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Possession (milikan)

Legal area

Court

23 Nov 2023

FAIRUZZAMANI BIN HAMID

Citation

RA-41LB-12-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

RA-41LB-12-12/2022 (Mahkamah Tinggi)

The appellate court affirmed the magistrate: the prosecution failed to prove a prima facie case because of fatal gaps in the chain of custody and identity of the exhibit (unexplained rubber band, photographs inconsistent, failure to call the officer who handed exhibit to the chemist), failure to call seizure officers, unexplained weight discrepancy and material contradictions between prosecution witnesses regarding the accused's reaction; those deficiencies defeat the elements of possession and knowledge and mandate acquittal at close of prosecution.
29 Aug 2022

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD NUR FIKRI BIN JUAHARI

Citation

CB-83D-1003-09/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-83D-1003-09/2020 (Mahkamah Majistret)

Prosecution proved beyond reasonable doubt that accused had physical possession, control and knowledge of the methamphetamine (10.66g) found in his trouser pocket; chemist evidence and chain of custody were credible and sufficient; amendment of the date to 15.9.2020 under s158 KTJ was proper and non-prejudicial; defence failed to raise reasonable doubt; accused convicted under s12(2) ADB 1952 read with s39A(1) and sentenced to 4 years imprisonment and 4 strokes; application to stay execution refused.