Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Presumption of possession and knowledge

Legal area

Court

15 Jan 2020

PENDAKWARAYA Lin Chee Sang

Citation

WA-45A-4-01/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-4-01/2018 (Mahkamah Tinggi)

Prosecution failed to prove custody or control of the vehicle or the drugs and therefore could not invoke the statutory presumption under section 37(d) DDA 1952 nor prove trafficking; on maximum evaluation no prima facie case was established and the accused was acquitted.
21 Oct 2019

MOHD NOOR BIN RAMLI

Citation

A-05(M)-525-10/2018 (Mahkamah Rayuan)
Court

M
Case number

A-05(M)-525-10/2018 (Mahkamah Rayuan)

The convictions were unsafe because the trial judge failed to apply statutory presumptions at the close of the prosecution case, the prosecution inquiry was incomplete and did not exclude reasonable possibilities of third‑party involvement, and the accused's defence created reasonable doubt; therefore the Court allowed the appeal, quashed convictions and ordered acquittal.