Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Chain of custody and specimen handling

Legal area

Court

5 Oct 2023

EMRAN BIN ABD SANI

Citation

WA-42H-14-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42H-14-11/2021 (Mahkamah Tinggi)

Conviction and sentence were set aside because the accused was deprived of a meaningful opportunity to secure counsel given the pandemic and detention, and because material evidentiary defects (no photographs of the lavatory and irreconcilable discrepancies in signatures on the urine specimen documentation) rendered the conviction unsafe; these combined defects warranted appellate intervention under section 316 CPC.
5 May 2022

YUNUS BIN YUSUF

Citation

JA-82D-16-03/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-82D-16-03/2019 (Mahkamah Majistret)

Prosecution proved both elements of s15(1)(a) ADB: unlawful consumption established via lawful collection under s31A and positive laboratory analysis, with statutory presumption under s37(k) applying; the pathology report was admissible under s399 CPC as it was served in time; the administrative guideline to take two bottles is not mandatory and the use of a single bottle did not fatally undermine the prosecution's case; defence assertions were afterthoughts that failed to raise reasonable doubt. Therefore the conviction and sentence were upheld and the appeal dismissed.