Malaysia Case Law: Decisions & Judgments

Topic

Admissibility of photographs

Legal area

Court

3 Jun 2025

[ ] MUHAMAD SYAFIQ BIN ROSLI

Citation

KA-45A-27-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-27-06/2023 (Mahkamah Tinggi)

On maximum evaluation the prosecution proved identity of the seized drug as Cannabis, established unbroken chain of custody sufficient to link the analyzed samples to the seized items, proved accused had custody/control and close proximity while transporting the concealed large quantity, and evidence permitted inference of knowledge; transporting in these circumstances constituted trafficking under s2 and conviction under s39B(1)(a) followed, with death sentence warranted given quantity and public interest.
3 Jun 2025

[ ] MUHAMAD SYAFIQ BIN ROSLI

Citation

KA-45A-27-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-27-06/2023 (Mahkamah Tinggi)

Prosecution proved identity of the seized drug as cannabis and established chain of custody and corroborative documentary and photographic evidence; accused was the sole driver in close proximity and control of 533 packets and transported a very large quantity indicative of an intent to distribute; accused's innocent carrier defence was disbelieved for lack of reliable particulars and wilful blindness; therefore guilt under s.39B(1)(a) established beyond reasonable doubt and conviction follows.
16 Jul 2024

1. ) MD FAIZAL BIN MD BAKRI 2. ) MOHAMAD FAZIL BIN MD BAKRI

Citation

BA-45A-154-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-154-12/2021 (Mahkamah Tinggi)

Prosecution failed to discharge burden of establishing prima facie case because it did not prove that the drugs were under the custody, control or possession of the accused (Element B); critical nexus between seized drugs and the vehicle was not established (vehicle not tendered/marked and photographs insufficient), thus undermining proof of possession and negating need to decide knowledge and common intention; accordingly both accused were discharged and acquitted at close of prosecution case.
4 Mar 2024

MOHD SABRI BIN MD SUHAIMI

Citation

DA-82D-6-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DA-82D-6-03/2021 (Mahkamah Majistret)

Prosecution proved all elements of the offence beyond reasonable doubt: the chain of custody of the urine sample was established by witness identification and photographs despite absence of the physical bottle, the forensic analysis by a qualified government scientific officer confirmed Amphetamine and Methamphetamine and complied with section 31A, permitting application of the statutory presumption under section 37(k) that the accused had administered the drugs to himself; the accused's denials were bare, afterthoughts and uncorroborated, therefore insufficient to rebut the presumption; acco…
21 Sept 2023

[ ] Vijaya Letchumy A/p Sannasi

Citation

BA-45-19-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45-19-06/2019 (Mahkamah Tinggi)

On the whole of the evidence the court found prosecution proved beyond reasonable doubt the elements of abduction under s3 and possession/receipt under s5: eyewitness and victim testimony, telephone ransom negotiations, contemporaneous photographic record of prepared ransom (ID151) linked to recovered cash by serial numbers and witness identification, supported by forensic material. Imperfect compliance with s90A did not defeat admissibility because authenticity was not credibly challenged. Section 5(2) presumption applied to those in possession. Defence allegations (planting, coercion, missi…

Malaysia Case Law

[ ] MUHAMAD SYAFIQ BIN ROSLI

[ ] MUHAMAD SYAFIQ BIN ROSLI

1. ) MD FAIZAL BIN MD BAKRI 2. ) MOHAMAD FAZIL BIN MD BAKRI

MOHD SABRI BIN MD SUHAIMI

[ ] Vijaya Letchumy A/p Sannasi