Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption of knowledge under s.37(d)
  • 24 Nov 2021

    JOHN OBODOECHINA IFEKA [Passport No. A 04332914]

    Citation
    B-05(M)-614-12/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-614-12/2018 (Mahkamah Rayuan)

    The presumption under s.37(d) was validly invoked at the close of the prosecution case because no exculpatory evidence had been led; after hearing the defence the trial judge lawfully disbelieved the appellant’s account and on the totality of evidence (control of two named locked bags, keys in appellant's possession, name tags, removal of concealed metal rods from the bags and circumstances of conduct) found the appellant had knowledge and possession of the drugs; the appellant failed to rebut the presumption and the conviction for trafficking under s.39B(1)(a) and the mandatory death sentenc…