Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 37(d) dda

  • 14 Jan 2026

    Ngoforo Ebube Gospel (Nigeria) [ ]

    Citation
    B-05(SH)-504-10/2024 (Mahkamah Rayuan)
    Court
    SH
    Case number
    B-05(SH)-504-10/2024 (Mahkamah Rayuan)

    The conviction was unsafe because the trial judge materially misapprehended the evidence as to OKT2's role, drew speculative inferences unsupported by the record, and failed to properly evaluate key defence evidence (D42, D43, SD2) as required by law, thereby occasioning a miscarriage of justice; appeal allowed and conviction set aside.

  • 20 Oct 2021

    IMRAN BIN ZAKARIA

    Citation
    P-05(M)-558-11/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    P-05(M)-558-11/2018 (Mahkamah Rayuan)

    The Court of Appeal held that the learned Judicial Commissioner committed material legal errors by referring to and invoking s.37(d) and s.37(da) without electing or making a clear finding whether the case proceeded on actual or presumed trafficking and by failing to determine whether any invoked presumptions were rebutted on the balance of probabilities; those errors prejudiced the accused and rendered the conviction unsafe, warranting setting aside the conviction and sentence and ordering acquittal.