Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof on rebuttal

Legal area

Court

18 Aug 2024

MOHD ROSLAN BIN ZAKARIA

Citation

TA-61R-47-08/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-61R-47-08/2020 (Mahkamah Sesyen)

On the evidence and documents the accused planned and took actions in the procurement process (preparing forms, sourcing three quotes and certifying supporting documents) that amounted to 'proposing' family-owned suppliers; the statutory presumption under section 23(2) ASPRM 2009 applied and the accused failed to rebut it on the balance of probabilities, therefore the prosecution proved guilt beyond reasonable doubt for the three charges under section 23(1) ASPRM 2009.
20 Aug 2021

W-05(M)-171-04/2017 (Mahkamah Rayuan)

Citation

W-05(M)-171-04/2017 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-171-04/2017 (Mahkamah Rayuan)

The Court held that prosecution proved custody and control of six boxes containing 83,408 grams methamphetamine; the trial judge properly invoked s.37(d) DDA thereby deeming possession and knowledge unless rebutted; the appellant failed to rebut on balance of probabilities; given the quantity and surrounding circumstances the acts of receiving/importing met the statutory definition of trafficking under s.2 DDA; therefore conviction and death sentence were safe and appeal dismissed.