Malaysia Case Law: Decisions & Judgments

Topic

Statutory presumption under s37(da)

Legal area

Court

31 Jan 2024

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) RUBAN A/L MOHAN 2. ) LAVANEIA A/P GUNASEKARAN

Citation

WA-45-19-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45-19-03/2022 (Mahkamah Tinggi)

The court accepted the defence account and the sworn testimony of SD3 (Dinesh) as credible and probative, found that defence raised a reasonable doubt sufficient to rebut the statutory presumption of trafficking and that investigative deficiencies and uncalled prosecution witnesses further undermined the prosecution case; accordingly the accuseds must be acquitted and discharged.
21 Oct 2022

[ ] KAMALESWARAN THAVER A/L SUPPIAH

Citation

WA-45A-28-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-28-03/2021 (Mahkamah Tinggi)

Exhibits were proven to be methamphetamine totalling 73.56g and the chain of custody was continuous; the drugs were found in an envelope in the accused's trouser pocket and his attempt to flee supported possession and knowledge; statutory presumption of trafficking under s37(da) applied due to weight exceeding 50g and the accused failed to rebut that presumption on the balance of probabilities; prosecution therefore proved all elements beyond reasonable doubt and conviction under section 39B(1)(a) was justified.
27 Aug 2021

PENDAKWARAYA PUBLIC PROSECUTOR CHEOK CHUAN HUEI

Citation

WA-45A-23-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-23-08/2019 (Mahkamah Tinggi)

The court found the chemist's identification and weight of 612.8g methamphetamine proven with an intact chain of custody; the accused was the tenant and sole occupant with exclusive access (demonstrated by fingerprint padlock and DNA on items), opened the safe deposit box and led police to the drugs; these facts supported a finding of possession and knowledge, triggered the rebuttable presumption under s37(da) which the accused failed to rebut on the balance of probabilities, therefore the prosecution proved guilt beyond reasonable doubt and the accused was convicted and sentenced to death.
19 May 2021

PENDAKWARAYA Puan Nor Azizah binti Muhammad Bavithran A/l Paramasivan

Citation

JA-45A-54-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-45A-54-11/2018 (Mahkamah Tinggi)

The court found prosecution proved identity and weights of drugs and that the accused had custody/control and knowledge (attempted flight) of the drugs; statutory presumptions under s37(da) arose for each charge and the defence failed to rebut them on the balance of probabilities or raise a reasonable doubt; accordingly the accused was convicted of trafficking and sentenced to death under s39B(2).

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) RUBAN A/L MOHAN 2. ) LAVANEIA A/P GUNASEKARAN

[ ] KAMALESWARAN THAVER A/L SUPPIAH

PENDAKWARAYA PUBLIC PROSECUTOR CHEOK CHUAN HUEI

PENDAKWARAYA Puan Nor Azizah binti Muhammad Bavithran A/l Paramasivan