Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption of knowledge (s37(d) adb)
  • 25 Jul 2024

    EZEOBI ARRAHA NDUBUISI

    Citation
    WA-45A-86-11/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-45A-86-11/2021 (Mahkamah Tinggi)

    The court found the prosecution proved beyond reasonable doubt that the package contained 438g of MDMA and that the accused took custody and control of the parcel during a controlled delivery, used false identity and fled on discovery; applying the statutory presumption in s37(d) ADB and evaluating the evidence maximally, the accused was deemed to have knowledge and possession sufficient for trafficking under s2 and guilty under s39B(1)(a) ADB; the accused's defence failed to raise reasonable doubt, therefore conviction and sentence followed.