Malaysia Case Law: Decisions & Judgments

Topic

Use of dangerous drugs

Legal area

Court

13 Oct 2025

[Timbalan (TPR), Jabatan Peguam Negara] SHARIMAN BIN MOHAMED

Citation

CB-82D-3-04/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-82D-3-04/2023 (Mahkamah Majistret)

The court found the prosecution had established a prima facie case: sample collection complied with s.31A, chain of custody remained intact (P18 identified and unbroken), GC/MS confirmed presence of amphetamine and methamphetamine and the laboratory explanation that amphetamine is a metabolite of methamphetamine accounted for preliminary screening differences; s.37(k) presumption applied; accused elected to remain silent and conviction was proper. Accordingly accused was convicted under s.15(1)(a) ADB and sentenced to a fine RM3,400 (default 9 months imprisonment) and two years supervision un…
22 Sept 2025

KUAN HUI MIN

Citation

AC-62D-127-08/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AC-62D-127-08/2024 (Mahkamah Sesyen)

The court held the guilty plea was not entitled to significant mitigation because the amendment was superficial and evidence against the accused was supported by witness testimony; given statutory sentencing ranges and the need for deterrence and public interest the court imposed six years imprisonment from date of arrest and three years AADK supervision, substituting the statutory whipping with imprisonment because the offender is female.
22 Jul 2025

[ ] NIK MOHAMMAD HAFIZI BIN ABDUL HALIM

Citation

DJ-82D-12-10/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-82D-12-10/2022 (Mahkamah Majistret)

Court found prosecution proved chain of custody, s31A compliant collection and laboratory identification of amphetamine and methamphetamine; therefore presumption under s37(k) applied and accused failed to rebut it on balance of probabilities; conviction followed and appropriate sentence imposed.
27 Mar 2023

YATIM MUSTAFA BIN JAFRI

Citation

AC-62D-57-03/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AC-62D-57-03/2022 (Mahkamah Sesyen)

The imposed sentence was lawful and appropriate because Section 39C(1) ADB 1952 mandates a minimum custodial term for the offence, the accused had two prior convictions attracting the statutory regime, the case proceeded to full trial negating plea mitigation, and the need for public deterrence required a sentence within the statutory range; accordingly the sentence of 5 years 6 months imprisonment from date of arrest and 2 years supervision was upheld.
19 Apr 2021

PENDAKWARAYA JA'AFAR BIN MALEK

Citation

NE-83D-282-04/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NE-83D-282-04/2021 (Mahkamah Majistret)

Accused's unqualified guilty plea was accepted and given mitigation but outweighed by multiple prior narcotics convictions and public interest in deterrence; therefore a custodial sentence of 14 months imprisonment (to run consecutively after existing sentences) plus three years supervision under s38B ADB 1952 was appropriate and lawful under CPC ss 282 and 292 and sentencing principles.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] SHARIMAN BIN MOHAMED

KUAN HUI MIN

[ ] NIK MOHAMMAD HAFIZI BIN ABDUL HALIM

YATIM MUSTAFA BIN JAFRI

PENDAKWARAYA JA'AFAR BIN MALEK