Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Cautioned statements (alcontara)
  • 31 Mar 2026

    1. ) TAN SYE 2. ) WONG KAI MENG

    Citation
    BA-45A-69-07/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-69-07/2024 (Mahkamah Tinggi)

    Court accepted chemical analysis proving identity and weights of seized substances but on maximum evaluation of prosecution evidence found prosecution failed to prove prima facie case against Tan Sye for possession/trafficking because evidence did not establish her knowledge or control; the cautioned statement and contemporaneous conduct supported defence. For Wong Kai Meng court found custody/control sufficient to invoke presumption under s37(d) but not sufficient to invoke s37(da) for trafficking; court amended the trafficking charge to possession under section 6/39A(2) ADB1952 and called h…