Malaysia Case Law: Decisions & Judgments

Topic

Sentencing - life imprisonment

Legal area

Court

23 Sept 2025

[Polis Diraja Malaysia (PDRM)] 1. ) Saiful Bahri Bin Mustofa (A&d) 2. ) Ahmad Affendi Bin Adbul Yusof (A&d) 3. ) LUM MAN LIONG

Citation

BA-45A-45-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-45-03/2022 (Mahkamah Tinggi)

On the totality of credible direct evidence—police eyewitness account that the third accused transported, removed and carried two zip bags from the boot, chemical analysis confirming methamphetamine and ketamine in large commercial quantities, and conduct consistent with attempted flight—the court found prosecution proved possession, knowledge and acts amounting to trafficking beyond reasonable doubt as to the third accused. The prosecution failed to prove common intention or possession/knowledge against the first and second accused and they were discharged at the end of the prosecution case.
25 Jun 2025

TEH GEOK CHIN

Citation

J-05(SH)-526-11/2023 (Mahkamah Rayuan)
Court

SH
Case number

J-05(SH)-526-11/2023 (Mahkamah Rayuan)

The Court found the trial judge complied with s173(b) CPC: the charge and consequences were explained in a language the accused understood, the facts and exhibits were shown and admitted, and the plea was voluntary and unequivocal; accordingly s305 CPC barred any appeal against conviction. The application to amend the petition was refused and both the conviction and the sentence of life imprisonment (running from 18.04.2019) with 12 strokes were upheld.
6 May 2025

[Timbalan (TPR), Jabatan Peguam Negara] MOHD HISHAM BIN ABU HASSAN

Citation

WA-45A-49-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-49-08/2023 (Mahkamah Tinggi)

Unchallenged chemical analysis established the substance and weight; chain of custody was proven; eyewitness and forensic evidence placed the exhibits in the accused's dwelling in open view and linked accused to the premises (including DNA on a towel); statutory presumption of trafficking applied given the weight; accused's late and inconsistent denial constituted recent invention and failed to rebut the presumption on balance of probabilities — therefore prosecution proved all elements beyond reasonable doubt and accused was guilty under s.39B(1) DDA 1952.
6 Nov 2024

[TIMBALAN ] NG CHOON SENG

Citation

BA-45A-108-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-108-09/2021 (Mahkamah Tinggi)

Prosecution proved beyond reasonable doubt that accused had possession and knowledge of the methamphetamine and MDMA found in the Main Place residence, and because the methamphetamine quantity (284.9g) exceeded the 50g statutory threshold, the presumption under Section 37(da)(xvi) ADB applied to establish trafficking; defence failed to rebut the presumption or raise reasonable doubt; convict and sentence accordingly.
6 May 2019

YAAKOP BIN DESA

Citation

A-06A(SH)-27-10/2018 (Mahkamah Rayuan)
Court

SH
Case number

A-06A(SH)-27-10/2018 (Mahkamah Rayuan)

The court held the prosecution had proven a prima facie case: P5A and P7A were firearms able to discharge a shot and appellant sold them without a licence; SP3's unchallenged evidence established the sale and the chain of custody from SP3 to police was continuous; omissions in calling ancillary witnesses or producing certain documents did not vitiate the prosecution's case. Conviction and life imprisonment were therefore affirmed.

Malaysia Case Law

[Polis Diraja Malaysia (PDRM)] 1. ) Saiful Bahri Bin Mustofa (A&d) 2. ) Ahmad Affendi Bin Adbul Yusof (A&d) 3. ) LUM MAN LIONG

TEH GEOK CHIN

[Timbalan (TPR), Jabatan Peguam Negara] MOHD HISHAM BIN ABU HASSAN

[TIMBALAN ] NG CHOON SENG

YAAKOP BIN DESA