Malaysia Case Law: Decisions & Judgments

Topic

Statutory presumption (s37(da))

Legal area

Court

22 Jan 2025

[Timbalan (TPR), Jabatan Peguam Negara] CHANDRA SEGARAN A/L SUBRAMANIAM

Citation

WA-45-5-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45-5-02/2023 (Mahkamah Tinggi)

Prosecution proved identity and weight of drugs by unrebutted chemist reports and an unbroken chain of custody; evidence placed drugs within accused's control (found in his car, keys and access to other vehicle) and supported inference of knowledge; statutory presumption of trafficking applied to counts exceeding statutory weight and accused failed to rebut on balance of probabilities; therefore prosecution proved guilt beyond reasonable doubt and accused convicted on all counts.
25 Jun 2024

[Timbalan (TPR), Jabatan Peguam Negara] MOHD FAIZAL BIN MASIRAN

Citation

CB-45A-4-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45A-4-07/2020 (Mahkamah Tinggi)

Court found prosecution had established a prima facie case: clerical errors in the chemical report and search list were administrative and did not undermine the analysis or chain of custody; witness evidence (police and civilian) proved accused had knowledge, control and possession of drugs in room and vehicle; quantity of methamphetamine exceeded 50g invoking s37(da) presumption which defence failed to rebut on balance of probabilities; therefore accused convicted under s39B and s12(2) (punishable under s39A(2)).
16 Feb 2023

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD KHAIRUL AZWAN BIN ZAKARIA 2. ) BHAHIRA BIN FAKRI

Citation

WA-45A-6-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-6-02/2020 (Mahkamah Tinggi)

Material and credible prosecution evidence (raiding officers' testimony, CCTV, proximity of accused personal items with seized packages, DNA/fitting exercise, qualified chemist analysis confirming heroin/monoacetylmorphines and weights) established custody/control and warranted an inference of knowledge; statutory presumption under s37(da) applied and was not rebutted on balance of probabilities; defence explanations were found to be afterthoughts and insufficient to raise reasonable doubt; therefore accused were guilty and liable to life imprisonment and whipping under s39B(2)/(2A) DDA.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] CHANDRA SEGARAN A/L SUBRAMANIAM

[Timbalan (TPR), Jabatan Peguam Negara] MOHD FAIZAL BIN MASIRAN

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD KHAIRUL AZWAN BIN ZAKARIA 2. ) BHAHIRA BIN FAKRI