Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption under s37(da)

  • 29 Sept 2025

    MOHD HELMI BIN HASSAN @ HUSSIN

    Citation
    KA-45A-25-05/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45A-25-05/2021 (Mahkamah Tinggi)

    The court found that P16 was in the accused's custody and control and its close proximity and surrounding circumstances permitted an inference of knowledge; prima facie possession was established and, given the confirmed quantity of methamphetamine (410.9g), the presumption under s37(da) applied shifting the burden to the accused who failed to rebut it on balance of probabilities; the addict/personal use defence lacked corroboration and was implausible; accordingly the accused was convicted under s39B(1)(a) and sentenced to life imprisonment exercising discretion under the Act 846 amendments.

  • 5 Mar 2023

    [ ] MOHD KHAIRUL AMRIE BIN ARIFFIN

    Citation
    DA-45-2-11/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-45-2-11/2019 (Mahkamah Tinggi)

    Prosecution failed to prove that the accused had custody, control and knowledge of the drugs found in the bedroom and in the vehicles; there were material gaps: room accessibility by others, absence of forensic link to accused, inability to show exclusive use of vehicles, and failure to call a material witness (Mohd Shahfizal/Epi) who could explain access. Because possession was not proved, the statutory presumption for trafficking under s37(da) could not be applied and no prima facie case existed; accused discharged.

  • 17 Jul 2020

    Lim Kee Fu Tan Choon Ming

    Citation
    W-05(M)-117-02/2018 & W-05(M)-120-02-20/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    W-05(M)-117-02/2018 & W-05(M)-120-02-20/2018 (Mahkamah Rayuan)

    The Court upheld the trial judge's factual findings that the prosecution proved actual possession independent of statutory presumptions, correctly considered the appellants' flight and unchallenged tenancy evidence together with other circumstances, properly invoked the presumption of trafficking under s37(da) after finding possession, found no fatal investigative lapse, and reasonably inferred common intention; accordingly convictions and death sentences were affirmed.