Malaysia Case Law: Decisions & Judgments

Topic

Double presumption

Legal area

Court

24 Oct 2023

LEE CHEE SOON [ ]

Citation

N-05(SH)-417-09/2019 (Mahkamah Rayuan)
Court

SH
Case number

N-05(SH)-417-09/2019 (Mahkamah Rayuan)

The Court held the convictions and sentences were unsafe because the prosecution failed to prove beyond reasonable doubt the appellants' knowledge, possession and joint intent in relation to the concealed drugs; the DNA evidence only established presence in the premises and did not link appellants to the concealed ceiling exhibits; the evidential chain for the firearm was broken; consequently convictions and sentences imposed by the High Court for appellants 1 and 3 were set aside and they were acquitted and discharged; appeals by appellant 2 were abated due to death and the prosecution's cro…
14 Jul 2021

MOHD SHUKRI BIN ABD RASID (NO. K/P: 860826-35-5167)

Citation

P-05(M)-604-12/2018 (Mahkamah Rayuan)
Court

M
Case number

P-05(M)-604-12/2018 (Mahkamah Rayuan)

The Court held the trial judge's use of cumulative/double presumptions under s37(d) and s37(da)(xvi) via s37A was unconstitutional and rendered the conviction under s39B(1)(a) unsafe; however on rehearing of the evidence the appellate court found there was sufficient admissible evidence to convict the appellant of possession under s12(2) and substituted that conviction and imposed sentence of 15 years' imprisonment and 10 strokes under s39A(2), backdated to 31.05.2017.
16 Jul 2020

SYED MUHAMMAD SHAHRIL HAZWAN BIN SYED ABDULLAH

Citation

T-05(M)-569-11/2018 (Mahkamah Rayuan)
Court

M
Case number

T-05(M)-569-11/2018 (Mahkamah Rayuan)

The Court held the prosecution proved that the appellant had exclusive control and knowledge of the drugs based on personal documents found in immediate proximity to the drugs, exclusive use of the room and wardrobe, and witnesses denying ownership by others; the absence of the brother as a witness did not create a fatal gap; the trial judge did not impermissibly apply a double presumption; conviction and sentence were upheld.
18 Nov 2019

1. Mogan Raj a/l Ravi 2. Shankar a/l Muthusamy

Citation

W-05(M)-431-09/2017, W-05(M)-434-09/2017, W-05(M)-435-09/2017 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-431-09/2017, W-05(M)-434-09/2017, W-05(M)-435-09/2017 (Mahkamah Rayuan)

The double presumptions under the Dangerous Drugs Act used to secure trafficking convictions were unconstitutional; accordingly trafficking convictions were set aside and substituted with possession offences under section 6 DDA, but the trial evidence (credible police testimony, possession of keys, documents, DNA and conduct of accused) sufficiently proved possession of drugs and firearms so convictions under possession/offending firearms provisions and related sentences were upheld or adjusted by the Court of Appeal.
24 Jul 2019

Promise Chimankpa Kpalikwu (W/Nigeria)

Citation

B-05(M)-532-11/2017 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-532-11/2017 (Mahkamah Rayuan)

The Court held that the trial judge made express affirmative findings of mens rea possession based on custody/control and the appellant's conduct at arrest; because the quantity of methamphetamine (212.4g) exceeded the statutory threshold, the presumption of trafficking under s37(da) properly arose and the appellant failed to rebut it on a balance of probabilities; there was no impermissible double presumption and the conviction and mandatory death sentence were safe and therefore affirmed.

Malaysia Case Law

LEE CHEE SOON [ ]

MOHD SHUKRI BIN ABD RASID (NO. K/P: 860826-35-5167)

SYED MUHAMMAD SHAHRIL HAZWAN BIN SYED ABDULLAH

1. Mogan Raj a/l Ravi 2. Shankar a/l Muthusamy

Promise Chimankpa Kpalikwu (W/Nigeria)