Malaysia Case Law: Decisions & Judgments

Topic

Knowledge/mens rea

Legal area

Court

29 Apr 2025

Yap Fook Chen [ ]

Citation

B-05(SH)-358-07/2024 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-358-07/2024 (Mahkamah Rayuan)

The Court held that the prosecution proved beyond reasonable doubt that each appellant had possession and knowledge of the methamphetamine based on the methodical concealment on their bodies and in shoes, admissions in cautioned statements, and failure of the defence to raise credible duress or innocent-carrier explanations; Alcontara notices were incomplete and SD9's testimony did not exculpate appellants; accordingly convictions under s39B(1)(a) DDA were upheld and sentences affirmed.
9 Oct 2024

MUHAMMAD ARIF BIN MAJID [ ]

Citation

B-05(M)-154-04/2023 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-154-04/2023 (Mahkamah Rayuan)

The Court held that the car was under the exclusive control of the appellants at the material time, appellants failed to rebut the statutory presumption of possession under s.37(d) ADB on the balance of probabilities, evidence of identical drugs found on their persons supported knowledge, and the large quantity (177.9g methamphetamine) justified an inference of intent to distribute; accordingly the convictions under s.39B(1)(a) ADB read with s.34 Penal Code were upheld though the death sentence was varied.
6 May 2024

AUNG MOE ZAW

Citation

NA-83-720-06/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NA-83-720-06/2021 (Mahkamah Majistret)

Prosecution established each essential element: the seized beer were prohibited/dutiable goods (supported by chemical and classification reports), the accused had possession/control and the requisite knowledge inferred from circumstances and conduct, and no evidence was produced to rebut statutory presumptions that duties had been paid; defence account was an afterthought and did not raise reasonable doubt; accordingly the accused is guilty on both counts and liable to prescribed fines and forfeiture.
6 Jun 2023

HASSAN BIN RAJEI

Citation

JA-62D-301-05/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-62D-301-05/2021 (Mahkamah Sesyen)

The prosecution failed to establish a prima facie case because material contradictions and gaps undermined proof of possession and knowledge: the sling bag containing the drugs was not properly exhibited or recorded, photographic evidence was unidentified and inconsistent between officers, and the absence of investigation records or testimony (investigation officer deceased) left chain of custody and credibility in doubt; therefore reasonable doubt existed and the accused was acquitted at the close of the prosecution's case.
10 Jun 2020

THOLASITHASAN A/L KANDASAMY

Citation

BL-83D-1364-10/2018 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BL-83D-1364-10/2018 (Mahkamah Majistret)

The court found the prosecution proved chain of custody, identity and weight of the drugs and that the accused physically produced the drug packets from his own jeans pocket such that custody, control and knowledge were established beyond reasonable doubt; defence account failed to raise reasonable doubt; conviction followed on all three charges under the specified sections of the Dangerous Drugs Act 1952.
13 Nov 2019

PENDAKWARAYA Encik Afiq Nazrin b Zaharinan Lee Thean Poh

Citation

62D- 114-02/2018 (Mahkamah Sesyen)
Court

Sessions Court
Case number

62D- 114-02/2018 (Mahkamah Sesyen)

Prosecution proved beyond reasonable doubt that accused had physical control and custody of the drugs and, given proximity of the sealed bag to the accused's wallet/IC and his status as sole occupant with control of the vehicle and absence of plausible explanation or supporting third‑party evidence, the court inferred knowledge; defence failed to raise a reasonable doubt, therefore convict and sentence (10 years for methamphetamine count and 4 years for nimethezepam) to run concurrently starting from date of arrest; no whipping due to age.

Malaysia Case Law

Yap Fook Chen [ ]

MUHAMMAD ARIF BIN MAJID [ ]

AUNG MOE ZAW

HASSAN BIN RAJEI

THOLASITHASAN A/L KANDASAMY

PENDAKWARAYA Encik Afiq Nazrin b Zaharinan Lee Thean Poh