Malaysia Case Law: Decisions & Judgments

Topic

Bare denial defence

Legal area

Court

13 Oct 2025

MOHD KHAIRUL NIZAM BIN MD RASHID

Citation

KA-45A-46-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-46-08/2022 (Mahkamah Tinggi)

Court held prosecution proved chain of custody, physical possession and control (accused tenant alone in locked room with drugs in open, within immediate reach) and that accused's knowledge could be inferred from circumstances; presumption of trafficking under s.37(da) was properly invoked for heroin; accordingly convictions entered on both counts.
13 Oct 2025

MOHD KHAIRUL NIZAM BIN MD RASHID

Citation

KA-45-19-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45-19-07/2022 (Mahkamah Tinggi)

On the totality of evidence the prosecution proved prima facie that the seized packages were in the accused's custody and control and that knowledge could be reasonably inferred; therefore the presumption under s.37(da) applied to the heroin and the accused was convicted for possession and trafficking as charged.
10 Aug 2023

[Pejabat Pengarah Pendakwaan Negeri Kelantan] Johari Bin Ahmad

Citation

DJ-83D-1242-10/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-83D-1242-10/2020 (Mahkamah Majistret)

On maximum evaluation of the evidence the prosecution proved beyond reasonable doubt that the appellant had custody/control and knowledge of the methamphetamine: SP5's credible close-range contemporaneous observation, intact documented chain of custody, and unchallenged chemical analysis activated the statutory presumption under s.37(d) Dangerous Drugs Act 1952; the defence was a bare denial and failure to call alleged co‑actors was not material, therefore conviction and concurrent sentences were upheld.
7 Oct 2021

SHARILFUAD BIN IDROS [NO KP: 851025-08-6257]

Citation

RA-42S-6-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

RA-42S-6-12/2020 (Mahkamah Tinggi)

The trial judge erred by failing to perform a maximum/positive evaluation under s180 and by failing to consider all evidence under s182A; those failures rendered the conviction unsafe and warranted setting aside the conviction and sentence and ordering the accused be acquitted and discharged.
21 Nov 2019

PENDAKWARAYA Pendakwaraya Mohd Shaiful Amry bin Mohd Rodzi Mohamad Kassim b. Abdullah Sani

Citation

PA-45A-77-11/2017 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-77-11/2017 (Mahkamah Tinggi)

Prosecution evidence established recovery of the exact substance which the chemist analysed and confirmed as heroin/monoacetylmorphines totalling 27.0g with an unbroken and adequately identified chain of custody; the accuseds' denials were bare and insufficient to create reasonable doubt; statutory presumptions of trafficking given the quantity were not rebutted and common intention under s.34 was inferred from conduct, therefore guilt proven beyond reasonable doubt and death sentence mandated under s.39B(2) read with s.34.

Malaysia Case Law

MOHD KHAIRUL NIZAM BIN MD RASHID

MOHD KHAIRUL NIZAM BIN MD RASHID

[Pejabat Pengarah Pendakwaan Negeri Kelantan] Johari Bin Ahmad

SHARILFUAD BIN IDROS [NO KP: 851025-08-6257]

PENDAKWARAYA Pendakwaraya Mohd Shaiful Amry bin Mohd Rodzi Mohamad Kassim b. Abdullah Sani