Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 8 evidence act

Legal area

Court

23 Apr 2025

[ ] SHAHRIL ZHARIF BIN ABD MALIK

Citation

DG-83D-468-04/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DG-83D-468-04/2023 (Mahkamah Majistret)

Although chemical analysis proved the seized pills contained 9.10 g methamphetamine, contradictions as to when the statutory caution was given and absence of evidence that its consequences were explained rendered the accused's statements/acts inadmissible; without admissible evidence proving control/possession the prosecution failed to make out a prima facie case and the accused is discharged and acquitted.
14 Nov 2022

[ ] K.HARICHANDRAN A/L N.KRISHNAN

Citation

BA-45A-24-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-24-03/2020 (Mahkamah Tinggi)

Applying maximum evaluation to prosecution evidence, the court found the chemist confirmed Methamphetamine weighing 120.4g, witnesses consistently testified accused took the packet from the motorcycle basket and surrendered it when asked, chain of custody was intact, and the statutory presumption of trafficking under s.37(da)(xvi) applied; the defence failed to raise reasonable doubt on possession, knowledge or rebut the presumption—therefore conviction and sentence followed.