Malaysia Case Law: Decisions & Judgments

Topic

Section 39b dangerous drugs act

Legal area

Court

20 Nov 2023

Soo Ting Yu [ ]

Citation

B-05(M)-11-01/2022 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-11-01/2022 (Mahkamah Rayuan)

The Court accepted the trial judge's finding that the appellant, as the registered and sole occupant, pointed to the drugs which led to their discovery; that conduct was admissible and established knowledge and possession, and the large quantity supported trafficking under s39B DDA; no reasonable doubt was raised by the defence, so conviction is upheld while sentence was commuted due to mitigating factors.
24 Feb 2023

VIGNESVARAN A/L KRISHNAN [ ]

Citation

B-05(M)-275-06/2019 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-275-06/2019 (Mahkamah Rayuan)

The Court held the prosecution proved a negotiated sale (trafficking) beyond reasonable doubt through credible agent provocateurs and corroborated contemporaneous documentation; chain of custody was established by markings and witness identification so no break; telephone records were not material to require adverse inference; common intention and control/knowledge were inferable from the accuseds' conduct; the trial judge's interventions were lawful under s165 and s182A CPC was substantively satisfied; convictions and mandatory death sentences were affirmed.
14 Oct 2021

PENDAKWARAYA Pendakwaraya Juliana Binti Shamsuddin

Citation

BL-82-1-02/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BL-82-1-02/2020 (Mahkamah Majistret)

Prosecution failed to prove elements two (causing evidence to disappear) and three (intention to protect offender) beyond reasonable doubt because of unresolved gaps in chain of custody, non-calling of the material witness alleged to have destroyed or disposed the exhibit (Sjn Nazarul) giving rise to adverse inference in favour of accused, presence of alternative explanations and missing direct evidence; the available circumstantial evidence did not exclude reasonable doubt and thus no prima facie case was established, warranting discharge and acquittal.
24 Jul 2020

1.RAVIKUMAR A/L KRISHNAN 2. SUTHA A/P SUBRAMANIAM PENDAKWARAYA

Citation

BA-43-20-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-43-20-06/2020 (Mahkamah Tinggi)

The review application is dismissed because the magistrate correctly refused to transfer the case immediately: prosecutorial consent under s39B DDA is required before transmission and in its absence the case is not fit for transmission; awaiting chemist reports and fixing a mention date within three months did not constitute inordinate delay.
27 Sept 2019

PENDAKWARAYA Abdul Rashid bin Hanapi

Citation

PA-45A-30-04/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-30-04/2018 (Mahkamah Tinggi)

The court accepted the credible police evidence that the sling bag containing methamphetamine was found on the accused, establishing custody and control; chemist evidence confirmed 154.1g methamphetamine which gives rise to the statutory presumption of trafficking under s39B; the accused failed to rebut the presumption or provide a credible explanation; accordingly conviction under s39B and death sentence followed.

Malaysia Case Law

Soo Ting Yu [ ]

VIGNESVARAN A/L KRISHNAN [ ]

PENDAKWARAYA Pendakwaraya Juliana Binti Shamsuddin

1.RAVIKUMAR A/L KRISHNAN 2. SUTHA A/P SUBRAMANIAM PENDAKWARAYA

PENDAKWARAYA Abdul Rashid bin Hanapi