Malaysia Case Law: Decisions & Judgments

Topic

Knowledge/animus possidendi

Legal area

Court

14 Feb 2025

[Timbalan (TPR), Jabatan Peguam Negara] ARMIE AZUAN BIN SUHAIMI

Citation

CB-83D-555-03/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-83D-555-03/2023 (Mahkamah Majistret)

The court found the prosecution had proven ownership, control and knowledge of the seized drugs and maintained an unbroken chain of custody; discrepancies in recorded gross weight and absence of fingerprint/nail evidence did not undermine identity or continuity of exhibits; defence explanation was mere denial and failed to raise a reasonable doubt, therefore conviction on all three counts followed.
31 May 2021

MOHD AMIN BIN BAHRUDIN [ ]

Citation

DA-41S-9-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-41S-9-06/2019 (Mahkamah Tinggi)

The appeal is dismissed because the prosecution proved beyond reasonable doubt that the appellant had possession and knowledge of the methamphetamine, the chain of custody was intact, the appellant's defence was a bare denial that failed to raise reasonable doubt, and the magistrate's sentence was proportionate.
26 Nov 2019

MUHAMMAD HAFIZ BIN MUKHTAR

Citation

BA-42S-5-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42S-5-01/2019 (Mahkamah Tinggi)

The court found the prosecution proved custody/control and knowledge of the cannabis by inference from surrounding circumstances (items found on ironing board, in clothing pocket and in a bag containing appellant's identity documents, supported by credible police evidence and intact chain of custody); the appellant's inconsistent and uncorroborated denials failed to raise a reasonable doubt; conviction and sentence were therefore safe and were affirmed.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] ARMIE AZUAN BIN SUHAIMI

MOHD AMIN BIN BAHRUDIN [ ]

MUHAMMAD HAFIZ BIN MUKHTAR