Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sentencing discretion post abolition of mandatory death penalty

  • 17 Oct 2025

    1. ) GANESAN A/L S PARTHIBAN 2. ) TAMILMAARAN A/L JEEVANESA

    Citation
    BL-45A-13-06/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BL-45A-13-06/2023 (Mahkamah Tinggi)

    Prosecution proved a prima facie case: chemist's analysis identified 684.6g methamphetamine; seizure in open view on handbrake between two defendants with no third person present established custody/control and raised s37(d) presumption of possession and knowledge which defendants failed to rebut on balance of probabilities; quantity supported inference of trafficking; defence explanations were implausible and did not create reasonable doubt; consequently defendants convicted under s39B(1)(a) ADB read with s39B(2) and s34 Penal Code and sentenced to life imprisonment with 12 strokes each.

    • Drug trafficking
    • Possession and knowledge
    • Presumptions under dangerous drugs act
    • Joint liability (section 34)
    • Adverse inference (section 114 evidence act)
    • Sentencing discretion post abolition of mandatory death penalty

  • 13 Feb 2025

    [Jabatan Peguam Negara] 1. ) Vedanayagan A/l Jonson 2. ) Kumares A/l Sinaiah

    Citation
    BA-45A-48-04/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-48-04/2021 (Mahkamah Tinggi)

    On maximum evaluation of prosecution evidence the court found identity and quantity of drugs proved by chemical analysis, chain of custody intact notwithstanding minor discrepancies, direct evidence and conduct (possession, flight, admission 'ada' and showing of purple bag) established knowledge and possession; packaging into 403 small packets supported inference of trafficking; therefore prosecution proved prima facie case and beyond reasonable doubt as to Tertuduh Pertama for trafficking and possession, while Tertuduh Kedua lacked nexus to the purple bag and was acquitted of trafficking but…

    • Drug trafficking
    • Possession of controlled substances
    • Chain of custody
    • Prima facie standard
    • Joint liability (section 34 penal code)
    • Admissibility of chemical analysis