Malaysia Case Law: Decisions & Judgments

Topic

Identity of exhibits

Legal area

Court

18 Sept 2025

NGH WAI PENG

Citation

BA-62D-105-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-62D-105-06/2023 (Mahkamah Sesyen)

Material and unexplained discrepancy between the physical description of four packets as observed at egestion (described as dried leaf) and the laboratory analysis (crystalline methamphetamine) created reasonable doubt as to the identity/handling of those exhibits; prosecution failed to prove those four packets beyond reasonable doubt and defendant acquitted on the methamphetamine charge (BA-62D-105-06/2023); two other packets (one cannabis and one nimetazepam) had consistent chain of custody and matching laboratory results and supported conviction; appropriate concurrent sentences of two yea…
2 Sept 2025

MUHAMAD SYAFIQ BIN KASIM

Citation

J-05(H)-577-11/2023 (Mahkamah Rayuan)
Court

H
Case number

J-05(H)-577-11/2023 (Mahkamah Rayuan)

Unexplained and material discrepancies in witness evidence and contemporaneous documents regarding packaging and handling of exhibits, plus an intervening second raid and failure to mark/seal exhibits at scene, created reasonable doubt as to identity of the drugs; conviction for trafficking under s39B unsafe and set aside, while possession conviction under s39A(1) upheld.
24 Aug 2025

NUR AQIL SYAFFI BIN SUHAIDI

Citation

TB-83D-258-02/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TB-83D-258-02/2024 (Mahkamah Majistret)

The court acquitted because the prosecution failed to prove a prima facie case: a material, unexplained discrepancy between the police gross weight (31.04g) and the chemist's net weight (79.52g) together with gaps in the chain of custody created reasonable doubt as to whether the substance analyzed by the chemist was the same exhibit seized, negating identity and possession elements.
4 Aug 2023

[ ] MOHAMMAD ASYRAAF BIN HASHIM

Citation

BA-45-28-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45-28-09/2020 (Mahkamah Tinggi)

Although the prosecution established a prima facie case (including chemical confirmation of cannabis and evidence of the tin being thrown), the defence raised reasonable doubt on essential elements of knowledge and possession for certain items by showing plausible alternative explanations (tobacco, other room occupants) and weaknesses in the proof of extraction and chain of custody; on the whole evidence the burden to prove guilt beyond reasonable doubt was not met and the accused were acquitted.
17 May 2022

[Timbalan (TPR), Jabatan Peguam Negara] MOHD NOOR BIN ARIFIN

Citation

CJ-82D-18-12/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CJ-82D-18-12/2020 (Mahkamah Majistret)

Prosecution failed to establish a prima facie case because material, unexplained contradictions between oral testimony and the exhibit (P9) regarding the identity and number of urine specimen bottles created a fatal gap in chain of custody and identity of the sample; absence of explanation or production of the second bottle permitted an adverse inference under s114(g) and raised reasonable doubt, requiring acquittal at the close of the prosecution case.
28 Aug 2020

Ejike Paulinus Chimeze (W/Nigeria) [No. Passport: A00806303]

Citation

B-05(M)-267-06/2017 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-267-06/2017 (Mahkamah Rayuan)

Appellant excreted the capsules while under guard such that custody and control were established; his suspicious conduct and the method of concealment permitted an inference of knowledge; the total weight (479.9g) met the s37(da) threshold giving rise to a presumption of trafficking which the appellant failed to rebut because his innocent carrier explanation was unsupported, unverifiable and amounted to wilful blindness; chain of custody and identity of exhibits were proven despite absence of search list, therefore conviction and death sentence affirmed.
21 Nov 2019

EZEAMAMA CHIJIOKE CHIDI DARLINGTON PUBLIC PROSECUTOR

Citation

B-05(M)-269-06/2017 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-269-06/2017 (Mahkamah Rayuan)

The Court held the prosecution proved identity and continuity of the drug exhibits: sentries marked and identified the capsules in court, chemist confirmed methamphetamine totaling 515.2g, there was no evidence of mixing with another detainee’s capsules, the appellant failed to rebut the statutory presumption of possession for trafficking on the balance of probabilities, and any missing search list or minor delay did not undermine the integrity of the corpus delicti; therefore the conviction and death sentence were safe and affirmed.

Malaysia Case Law

NGH WAI PENG

MUHAMAD SYAFIQ BIN KASIM

NUR AQIL SYAFFI BIN SUHAIDI

[ ] MOHAMMAD ASYRAAF BIN HASHIM

[Timbalan (TPR), Jabatan Peguam Negara] MOHD NOOR BIN ARIFIN

Ejike Paulinus Chimeze (W/Nigeria) [No. Passport: A00806303]

EZEAMAMA CHIJIOKE CHIDI DARLINGTON PUBLIC PROSECUTOR