Malaysia Case Law: Decisions & Judgments

Topic

Possession and knowledge (mens rea)

Legal area

Court

29 Apr 2025

Mak Kwong Ming [ ]

Citation

B-05(SH)-361-07/2024 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-361-07/2024 (Mahkamah Rayuan)

The Court upheld the trial judge's factual findings that the methodical concealment (packages taped to thighs and hidden in shoe insoles), admissions in statements, and surrounding conduct supported an inference that each appellant had possession and knowledge of methamphetamine; duress and innocent‑carrier defences failed on the evidence and the Alcontara notices were not sufficiently particular to require further investigation by prosecution; thus the s.39B(1)(a) convictions and sentences were affirmed.
26 Mar 2024

TAI HUN CHEAN

Citation

BA-45A-12-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-12-01/2022 (Mahkamah Tinggi)

The court found prosecution evidence credible and sufficient to prove possession, control and knowledge of 3,171g methamphetamine; statutory presumption of distribution (s37(da)(xvi) ADB 1952) applied because weight exceeded threshold and the accused failed to raise a reasonable doubt or discharge the burden under s106; accordingly conviction and sentencing were justified.
14 Nov 2022

[ ] K.HARICHANDRAN A/L N.KRISHNAN

Citation

BA-45A-24-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-24-03/2020 (Mahkamah Tinggi)

Applying maximum evaluation to prosecution evidence, the court found the chemist confirmed Methamphetamine weighing 120.4g, witnesses consistently testified accused took the packet from the motorcycle basket and surrendered it when asked, chain of custody was intact, and the statutory presumption of trafficking under s.37(da)(xvi) applied; the defence failed to raise reasonable doubt on possession, knowledge or rebut the presumption—therefore conviction and sentence followed.

Malaysia Case Law

Mak Kwong Ming [ ]

TAI HUN CHEAN

[ ] K.HARICHANDRAN A/L N.KRISHNAN