Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Possession of poison (poisons act)

Legal area

Court

12 Jun 2022

[ ] ISMAIL BIN JUSOH

Citation

DA-45-3-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

DA-45-3-09/2018 (Mahkamah Tinggi)

The court found prosecution evidence established exclusive access, affirmative links and conduct (flight, communication) sufficient to prove possession, knowledge and joint intention; the statutory presumption of trafficking under s37(da)(xvi) applied to 134.6g methamphetamine and was not rebutted, resulting in convictions on all counts and imposition of prescribed sentences.
12 Jun 2022

[ ] 1. ) MOHD NAZRI BIN MOHAMED 2. ) ISMAIL BIN JUSOH 3. ) MAT ZAINUDIN BIN MANSOR

Citation

DA-45A-6-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

DA-45A-6-09/2018 (Mahkamah Tinggi)

The court found that prosecution proved beyond reasonable doubt that the seized Eksh P38 containing 134.6g methamphetamine and 9.2g caffeine was under the custody and control of the three defendants (affirmative link, exclusivity of access, proximity and flight), that a common intention existed under s34 Penal Code, and that the statutory presumption of distribution under s37(da)(xvi) applied and was not rebutted; accordingly defendants were convicted on all charges.