Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumptions under section 37(k)
  • 21 Oct 2024

    AZRUL ASYRAFF BIN AZALAN

    Citation
    JH-82D-1-01/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JH-82D-1-01/2021 (Mahkamah Majistret)

    Defence applications to recall witnesses were refused as frivolous and potentially an abuse of process; the defence failed to rebut the statutory presumption under Section 37(k) on the balance of probabilities because its assertions were afterthoughts and unraised at the prosecution stage; therefore prosecution proved guilt beyond reasonable doubt and the accused was convicted under Section 15(1)(a) ADB 1952 and sentenced to a fine of RM4,000 with default 12 months imprisonment plus a 2-year supervision order with reporting requirements.