Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Prohibited goods

  • 27 Dec 2022

    1. ) LIEVON A/L CHING 2. ) NITTHIRA RATTHANAPHAN A/P PERAT JUN

    Citation
    AQ-83-71-06/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AQ-83-71-06/2021 (Mahkamah Majistret)

    Prosecution failed to establish a prima facie case because evidence indicated seized liquor was brewed and packed locally (not imported) so the crucial element that goods were prohibited imports was not established; the charge was also defective and ambiguous by alleging subahat without specifying which mode under abetment provisions, causing prejudice to accused. The burden which may have shifted under s119 was effectively discharged by prosecution's own evidence. Consequently it was unsafe to call accused to defend and they were discharged without being called to enter defence.

  • 17 Oct 2022

    1. ) LOON WENG HUNG 2. ) BORA BERNADETA DAPPA

    Citation
    WA-83-6093-08/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-83-6093-08/2020 (Mahkamah Majistret)

    Prosecution proved the goods were prohibited/untaxed (chemical and classification reports and verification of fake tax stamps) and proved possession/control and knowledge by the first defendant; statutory presumptions under s119 and s135(2) therefore applied and were not rebutted by the D25 copies; second defendant was found to lack the requisite knowledge and was acquitted.