Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Weight discrepancy

Legal area

Court

15 Jan 2021

PENDAKWARAYA Public Prosecutor VIKNESWARAN A/L MUTHU KANOPARAH (NO. K/P : 851001-08-6527)

Citation

AH-83D-842-09/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AH-83D-842-09/2020 (Mahkamah Majistret)

The accused was found wearing the bag (P2A) containing the sealed packet of cannabis; chain of custody from seizure to chemical analysis was intact; s.37(d) presumption was properly raised and the defence failed to rebut it on the balance of probabilities; therefore prosecution proved possession and knowledge and convicted under s.6 ADB 1952 liable to punishment under s.39A(1).
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.