Malaysia Case Law: Decisions & Judgments

Topic

Presumption of knowledge (s37)

Legal area

Court

6 Jun 2025

SOON PING KIONG

Citation

BA-45A-41-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-41-03/2022 (Mahkamah Tinggi)

On maximum evaluation of prosecution witnesses and documents the court was satisfied beyond reasonable doubt that OKT1 and OKT2 had custody, control and knowledge of the seized drugs and engaged in trafficking; subsequent conduct and the physical facts (observation of OKT1 carrying the box, possession of keys, location of luggage in the living area) supported possession and knowledge; CCW had no proven nexus to the seized drugs; accordingly convictions under the cited drug and poisons statutes were maintained and concurrent custodial sentences imposed.
6 Jun 2025

1. ) SOON PING KIONG 2. ) Miss Prakat Tachan (Thailand) (P)

Citation

BA-45A-42-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-42-03/2022 (Mahkamah Tinggi)

The prosecution proved identity of drugs, an unbroken chain of custody, and facts from which the court properly inferred that OKT1 had custody, control and knowledge (observed carrying box, possessed keys, led police to luggage); OKT2 jointly occupied premises where drugs were openly stored and thus had knowledge and control; subsequent conduct and statutory presumptions support conviction for trafficking under s39B (and related counts); allegations regarding CCW did not create reasonable doubt because there was no evidential nexus or corroboration linking CCW to the seized items in this case.
21 Jan 2022

[ ] MOHAMMAD ASYIDDIQ BIN ABUZAR

Citation

BA-45A-15-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-15-03/2019 (Mahkamah Tinggi)

Prosecution failed to prove possession and knowledge due to lack of nexus between accused and recovered drugs and reasonable doubt in chain of custody (possible mixing with separate seizure from SP8); therefore no prima facie case under s39B(1)(a) ADB 1952 and accused must be discharged under s180(4) CPC.

Malaysia Case Law

SOON PING KIONG

1. ) SOON PING KIONG 2. ) Miss Prakat Tachan (Thailand) (P)

[ ] MOHAMMAD ASYIDDIQ BIN ABUZAR