Malaysia Case Law: Decisions & Judgments

Topic

Presumption of knowledge (s37(d) dda)

Legal area

Court

2 Oct 2025

TAMILARASEN A/L MOHAN [Timbalan (TPR), Jabatan Peguam Negara]

Citation

B-05(SH)-24-01/2025 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-24-01/2025 (Mahkamah Rayuan)

The conviction and sentence were set aside because the trial judge's grounds contained manifest and material factual misdirections (notably a contradictory finding that drugs were on the accused's person when evidence showed they were in a brown paper bag in the motorcycle basket) which prejudiced the accused's defence on possession and trafficking, rendering the conviction unsafe.
9 Aug 2024

[ ] 1. ) Chong Kok Choy 2. ) Zacchaeus Liew Kah Hou 3. ) Chong Jia Xin 4. ) Lim Chee Choong (A&d) 5. ) Yong Thai Sin (A&d) 6. ) Chong Chee Wah (A&d)

Citation

BA-45A-51-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-51-05/2019 (Mahkamah Tinggi)

Court found prosecution proved a prima facie case for trafficking (110g Ketamine) and possession (24g MDMA) against OKT1 and OKT2 by applying s37(d) presumption because OKT1 was seen holding/handing/throwing bags and OKT2 had custody/control of the vehicle; OKT3 successfully rebutted the presumption and was acquitted; OKT4–OKT6 had no evidential link and were discharged; prejudicial evidence relating to drugs found in the house was expunged and did not affect the core finding; sentencing imposed accordingly.
26 Nov 2019

MARIA ELVIRA PINTO EXPOSTO

Citation

MPRJ No. 05-(M)-142-06/2018(B) (Mahkamah Persekutuan)
Court

M
Case number

MPRJ No. 05-(M)-142-06/2018(B) (Mahkamah Persekutuan)

The trial judge, having seen and heard witnesses and considered unchallenged expert evidence and contemporaneous cautioned statement, correctly found the appellant rebutted the s37(d) presumption and established innocent carrier; the Court of Appeal had no cogent reason to overturn those credibility and fact findings, therefore the acquittal is restored.

Malaysia Case Law

TAMILARASEN A/L MOHAN [Timbalan (TPR), Jabatan Peguam Negara]

[ ] 1. ) Chong Kok Choy 2. ) Zacchaeus Liew Kah Hou 3. ) Chong Jia Xin 4. ) Lim Chee Choong (A&d) 5. ) Yong Thai Sin (A&d) 6. ) Chong Chee Wah (A&d)

MARIA ELVIRA PINTO EXPOSTO