Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Possession of narcotics

Legal area

Court

15 Jan 2025

ZAINUDDIN BIN MAHMUD

Citation

KA-45A-29-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-29-09/2021 (Mahkamah Tinggi)

Material and significant contradictions in the chief prosecution witness's evidence and the unreliability of the P22 record, combined with acceptance of SP5's account and the prosecution's failure to call two material witnesses, destroyed the prosecution's proof of possession and therefore of distribution; accordingly there was no prima facie case and the accused was acquitted.
21 Feb 2020

PENDAKWARAYA Pendakwaraya MUHAMAD SYAHMI BIN ABDULLAH [ No. Kad Pengenalan: 780912-06-5051 ] LAIN-LAIN En. Muhamad Saifuldin bin Ab Rahman (Tetuan Ahmad Rusydi Md Nor & Partners)

Citation

CA-82D-7-03/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-82D-7-03/2019 (Mahkamah Majistret)

The court convicted because the prosecution proved beyond reasonable doubt that the cannabis (0.76g) was in the accused's exclusive possession and contact with his right hand, the accused must have known of its existence and nature, the chain of custody was intact and prosecution witnesses were credible; the defence was a bare denial and afterthought that failed to raise reasonable doubt.