Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Statutory presumption s37(da)

Legal area

Court

26 Jun 2024

MOHD ASHRAF BIN MOHD SHAREH

Citation

KA-45A-19-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-19-04/2021 (Mahkamah Tinggi)

Prosecution proved identity of the seized substance as methamphetamine (73.99g) via chemist and maintained chain of custody; accused was the sole occupant of the premises and the drug was found within immediate reach in his room establishing possession and control; accused's conduct supported inference of knowledge; quantity exceeded statutory threshold triggering presumption of trafficking under s37(da) which the accused failed to rebut on the balance of probabilities; accordingly prosecution proved the case beyond reasonable doubt and accused is guilty under s39B(1)(a) DDA.
13 Oct 2021

PENDAKWARAYA PUBLIC PROSECUTOR 1. CHOONG KAH WEN 2. LIOW PEI FENG

Citation

WA-45A-2-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-2-01/2019 (Mahkamah Tinggi)

The court accepted the prosecution's chemist reports identifying large quantities of dangerous drugs and found credible evidence (seizure location, DNA and fitting tests, witnesses) establishing that both accused were occupants with possession and knowledge; the amounts met s37(da) thresholds and the accused failed to rebut the statutory presumption on balance of probabilities, hence the prosecution proved trafficking beyond reasonable doubt and both accused were convicted and sentenced accordingly.