Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Tampering

Legal area

Court

12 Jan 2021

PA-45A-25-04/2018 (Mahkamah Tinggi)

Citation

PA-45A-25-04/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-25-04/2018 (Mahkamah Tinggi)

Prosecution failed to prove the element of knowledge and sufficiency of possession because the drugs were concealed in detachable bag handles subject to tampering and there were chain of custody concerns; absent proof of knowledge the statutory presumption of trafficking was not properly raised, warranting acquittal.
21 Jan 2020

Yang Xinghua

Citation

B-05(LB)-94-02/2018 (Mahkamah Rayuan)
Court

LB
Case number

B-05(LB)-94-02/2018 (Mahkamah Rayuan)

The unexplained 43.44 gram discrepancy between independent weighings combined with evidence of multiple puncture holes on the package created reasonable doubt about the identity and weight of the seized methamphetamine; consequently the prosecution failed to prove the essential element of weight beyond reasonable doubt and the respondent was properly discharged and acquitted without calling defence.