Malaysia Case Law: Decisions & Judgments

Topic

Sentencing discretion under act 846

Legal area

Court

24 Nov 2025

1. ) MOHAMAD IZHAM BIN REDZUAN 2. ) NOR SYAZWANA BINTI AHMAD TAMIZI

Citation

KA-45A-29-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-29-05/2022 (Mahkamah Tinggi)

On the totality of credible evidence (police contemporaneous conduct, physical possession and handing over of packages by OKT1, hotel registration in OKT2's name, access card found in OKT1's wallet, chemical analysis, and admissible information under s27), the prosecution proved physical control and knowledge of the methamphetamine and joint control of the hotel room; the statutory presumption of distribution was properly raised due to aggregate weight exceeding statutory threshold and the defence failed to rebut on balance of probabilities or raise reasonable doubt; convictions and sentences…
17 Nov 2025

[Jabatan Kastam Diraja Malaysia (KDRM)] MUHAMMAD HARIZ BIN ABDULL MALEK

Citation

KA-45A-19-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-19-04/2019 (Mahkamah Tinggi)

Prosecution proved all elements beyond reasonable doubt: chemical analysis confirmed Cannabis weighing 190,323.3g; drugs were concealed in a modified hidden compartment in a vehicle under accused's control; accused was sole occupant and driver at arrest; presumption under s37(h) applied and defence failed to rebut on balance of probabilities; wilful blindness further supports knowledge; accordingly accused guilty under perenggan 39B(1)(a) ADB 1952 and death sentence justified under exercise of judicial discretion given public interest and massive quantity.
7 Oct 2025

[ ] 1. ) Mr. Pa-e-din Longsamah 2. ) AMZANEI BIN CHE ANI

Citation

KA-45A-80-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-80-12/2019 (Mahkamah Tinggi)

On the totality of credible prosecution evidence (witness testimony, seizure location in locked room, contemporaneous conduct of accused, and chemical analysis confirming 203.9g Cannabis exceeding statutory threshold), the court found possession, knowledge and a common intention to distribute proven; the statutory presumption of trafficking applied and the defence failed to rebut it on balance; accordingly the prosecution proved the case beyond reasonable doubt and convictions followed; sentencing exercise used discretion under Act 846 resulting in life imprisonment (treated as 30 years) and…
8 Sept 2025

[ ] AMIRUL ASYRAF BIN ABDUL RAZAK

Citation

KA-45A-28-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-28-05/2019 (Mahkamah Tinggi)

Prosecution proved beyond reasonable doubt that accused had actual possession, control and knowledge of the drugs found in his locked room based on observation, discovery of paraphernalia and accused's conduct; chemist's analysis reliably identified heroin (110.6g) and monoacetylmorphines (42.3g) and sampling/chain issues raised by defence did not undermine findings; presumptions of distribution under perenggan 37(da)(i) and (iii) ADB 1952 applied; failure to call lab assistants did not justify adverse inference; distinct drugs justified separate charges; accordingly accused convicted on both…
4 Sept 2025

MOHD SOBRI BIN ABU BAKAR

Citation

KA-45-7-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45-7-11/2021 (Mahkamah Tinggi)

Court found prosecution proved physical custody/control and knowledge of the drugs by direct evidence and permissible inferences; heroin weight exceeded statutory threshold invoking presumption of distribution which defence failed to rebut on balance of probabilities; defence account deemed afterthought and insufficient to raise reasonable doubt; therefore accused guilty on all three charges and sentenced accordingly.
4 Sept 2025

MOHD SOBRI BIN ABU BAKAR

Citation

KA-45-31-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45-31-11/2022 (Mahkamah Tinggi)

The prosecution proved beyond reasonable doubt that the accused had custody/control and knowledge of the seized drugs found in a toolbox in the vehicle he was solely driving; the weight of heroin exceeded statutory threshold so presumption of distribution under s37(da)(i) was raised and not rebutted on balance of probabilities; defence explanation was an unsupported afterthought and failed to create reasonable doubt; accordingly accused convicted on all three charges and sentenced as specified.
20 Aug 2025

[ ] ABDUL GHANI BIN MD KHAMIS @ MD ALI

Citation

KA-45A-22-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-22-05/2019 (Mahkamah Tinggi)

Prosecution proved beyond reasonable doubt that accused had custody, control and knowledge of 1020.9g cannabis via direct evidence and conduct (pointing out the hiding place); the act/statements leading to discovery were admissible under s27 Evidence Act; weight invoked statutory presumption of distribution under perenggan 37(da)(vi) ADB 1952 which accused failed to rebut on balance of probabilities; accordingly accused convicted under perenggan 39B(1)(a) ADB 1952 and sentenced under discretionary regime of Act 846 to life imprisonment (treated as 30 years here) rather than death.
30 Apr 2025

[TIMBALAN ] Mohamad Shafiruz Bin Roselai

Citation

PB-45A-60-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PB-45A-60-10/2021 (Mahkamah Tinggi)

Prosecution proved identity and weight of the drug via credible expert analysis and maintained chain of custody; credible eyewitness police evidence established physical possession and knowledge by the accused; quantity (129.8g) triggered statutory presumption of trafficking under s.37(da) which defence failed to rebut; therefore prosecution proved guilt beyond reasonable doubt and accused convicted under s.39B(1)(a) Dangerous Drugs Act 1952.
21 Aug 2024

[TIMBALAN ] SABIRIN BIN KADIR

Citation

KA-45A-32-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-32-10/2020 (Mahkamah Tinggi)

Prosecution proved beyond reasonable doubt that methamphetamine (62.72g) was found in the accused's front right pocket, establishing physical possession and, given the clear packaging and accused's conduct on arrest, knowledge; statutory presumption of distribution under s 37(da)(xvi) was raised because weight exceeded 50g and defence failed to rebut that presumption on the balance of probabilities; identity and chain for the narcotic exhibits were satisfactorily established despite missing non‑narcotic items; accordingly the accused was convicted under s 39B(1)(a) ADB 1952.
6 Jun 2024

[ ] CHE ABDULLAH BIN CHE SULAIMAN

Citation

KA-45A-26-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-26-05/2019 (Mahkamah Tinggi)

Prosecution proved beyond reasonable doubt that the seized substance was methamphetamine (73.90g), the accused had custody/control and knowledge of the drugs (found exposed in vehicle arm rest while accused was driver and personal effects of accused in vehicle), and the weight exceeded the 50g threshold raising the statutory presumption of distribution under para 37(da)(xvi) ADB 1952 which the accused failed to rebut on the balance of probabilities; accordingly convicted under s39B(1)(a) ADB 1952 and sentenced under discretionary regime of Act 846 to life imprisonment (fixed at 30 years) and…