Malaysia Case Law: Decisions & Judgments

Topic

Statutory presumption of possession

Legal area

Court

12 Feb 2026

MOHD HELMI BIN ISHAK

Citation

RA-83D-1051-06/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

RA-83D-1051-06/2023 (Mahkamah Majistret)

Prosecution proved identity of controlled substances by chemist report, established continuous chain of custody and credible witness evidence that the sling bag containing the drugs was on accused; statutory presumption of possession applied and accused failed to raise reasonable doubt about custody, control or knowledge; therefore guilt established beyond reasonable doubt on all three counts.
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.
21 Nov 2019

EZEAMAMA CHIJIOKE CHIDI DARLINGTON PUBLIC PROSECUTOR

Citation

B-05(M)-269-06/2017 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-269-06/2017 (Mahkamah Rayuan)

The Court held the prosecution proved identity and continuity of the drug exhibits: sentries marked and identified the capsules in court, chemist confirmed methamphetamine totaling 515.2g, there was no evidence of mixing with another detainee’s capsules, the appellant failed to rebut the statutory presumption of possession for trafficking on the balance of probabilities, and any missing search list or minor delay did not undermine the integrity of the corpus delicti; therefore the conviction and death sentence were safe and affirmed.

Malaysia Case Law

MOHD HELMI BIN ISHAK

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

EZEAMAMA CHIJIOKE CHIDI DARLINGTON PUBLIC PROSECUTOR