Malaysia Case Law: Decisions & Judgments

Topic

Presumption of possession (s37(d))

Legal area

Court

28 Oct 2021

PENDAKWARAYA MOHAMAD ALRAZIQ BIN RAMLI

Citation

WA-45A-20-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-20-07/2019 (Mahkamah Tinggi)

Court held prosecution proved at maximum-evaluation stage that accused had custody and control of the cannabis and, by operation of s37(d), possession and knowledge were deemed; prosecution failed to establish trafficking element under s2 but succeeded to call accused to enter defence on an amended charge under s6 DDA 1952 and, after defence evidence, court convicted on the amended possession offence and sentenced accused to 15 years imprisonment and 10 strokes while acquitting him on the s3(1)(a) forfeiture/usage charge.
2 Sept 2021

WILLIAM JOHN A/L P. SANDANASAMY

Citation

WA-42S-9-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42S-9-09/2020 (Mahkamah Tinggi)

The conviction was unsafe because the trial judge both relied on the presumption under s37(d) and made separate findings of actual possession/knowledge without a clear application of the correct standard of proof, and failed to properly evaluate defence evidence (including an uninvestigated police report and DBKL confirmation), resulting in a miscarriage of justice; appeal allowed and accused acquitted.
8 Oct 2020

Konradt Prosch Public Prosecutor

Citation

B-05(M)-165-03/2018 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-165-03/2018 (Mahkamah Rayuan)

Appellant had custody and control of a bag containing 1382.6g methamphetamine which invoked the rebuttable presumption under s37(d); the quantity, concealment and manner of carriage permitted a reasonable inference of trafficking under s2; chemist evidence confirming the drug was reliable and unexplained investigative omissions or minor inconsistencies did not raise reasonable doubt; appellant failed to rebut presumption or demonstrate innocence and was wilfully blind; appeal dismissed and conviction and mandatory death sentence under s39B(2) affirmed.

Malaysia Case Law

PENDAKWARAYA MOHAMAD ALRAZIQ BIN RAMLI

WILLIAM JOHN A/L P. SANDANASAMY

Konradt Prosch Public Prosecutor