Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Mandatory death penalty

  • 24 Feb 2023

    VIGNESVARAN A/L KRISHNAN [ ]

    Citation
    B-05(M)-275-06/2019 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-275-06/2019 (Mahkamah Rayuan)

    The Court held the prosecution proved a negotiated sale (trafficking) beyond reasonable doubt through credible agent provocateurs and corroborated contemporaneous documentation; chain of custody was established by markings and witness identification so no break; telephone records were not material to require adverse inference; common intention and control/knowledge were inferable from the accuseds' conduct; the trial judge's interventions were lawful under s165 and s182A CPC was substantively satisfied; convictions and mandatory death sentences were affirmed.

  • 31 Jan 2023

    [Timbalan (TPR), Jabatan Peguam Negara] MOHD ELMY ARIF BIN HAMID

    Citation
    BA-45A-8-02/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-8-02/2020 (Mahkamah Tinggi)

    Court found prosecution proved accused's ownership and control of the quarters and his knowledge of the container (speaker) holding the drugs; no reliable evidence identified a third party responsible. Statutory weight thresholds were met triggering presumptions of trafficking under the Dangerous Drugs Act; defence failed to rebut those presumptions or raise reasonable doubt; accordingly accused convicted and sentenced as per statute.

  • 31 Jan 2023

    MOHD ELMY ARIF BIN HAMID

    Citation
    BA-45-8-02/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45-8-02/2020 (Mahkamah Tinggi)

    The court accepted prosecution evidence that the accused had custody/control of the quarters and knowledge of the speaker box containing drugs; no credible evidence established third‑party placement or lawful explanation; statutory presumptions under s37(da) applied for Cannabis and Methamphetamine due to weight thresholds, resulting in conviction for trafficking and mandatory death on those counts; remaining counts convicted with concurrent custodial sentences as appropriate.

  • 31 Jan 2023

    Mohd Elmy Arif Bin Hamid

    Citation
    BA-45A-7-02/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-7-02/2020 (Mahkamah Tinggi)

    Court found prosecution proved beyond reasonable doubt that accused had custody and control of the quarters and knowledge/possession of the drugs found in the speaker; no credible evidence of third‑party ownership or access; statutory presumption under s37(da) applied for Cannabis and Methamphetamine quantities; therefore accused convicted for trafficking counts and sentenced accordingly.

  • 13 Oct 2022

    NORAZLAN BIN MOHD SOHID

    Citation
    AA-45A-8-08/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-45A-8-08/2021 (Mahkamah Tinggi)

    Applying a maximum evaluation, prosecution proved beyond a reasonable doubt that the accused had physical custody and control of the sling bag he wore and therefore constructive possession of its contents, that he had knowledge inferred from circumstances and conduct, and that chemist evidence established the identity and weight of drugs meeting statutory thresholds; the statutory presumptions under s.37(da) consequently applied and the defence failed to rebut those presumptions on the balance of probabilities, warranting conviction for trafficking and imposition of the mandatory death senten…

  • 18 Aug 2022

    [ ] MUNIAN A/L MATHERAVEERAN

    Citation
    AA-45A-8-10/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-45A-8-10/2019 (Mahkamah Tinggi)

    Applying maximum evaluation the court accepted police testimony, the accused's conduct and recorded statement under s.27, and the forensic report proving 16.56g of listed dangerous drugs; these facts established possession, knowledge and, by statutory presumption s.37(da)(iiia), trafficking; defence was rejected as mere denial/afterthought and the mandatory death sentence under s.39B(2) DDA 1952 was imposed as no exception under s.39B(2A)(d) was proven.

  • 14 Feb 2022

    Sidrey Shalod Dike [Jabatan Peguam Negara]

    Citation
    W-05(M)-596-12/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    W-05(M)-596-12/2018 (Mahkamah Rayuan)

    The trial judge's findings that the appellant had custody, control and knowledge of the drugs were supported by consistent prosecution evidence (signing delivery under false names, conduct at delivery, attempt to flee) and the asserted third-party alibi (Johnson John) was found fictitious after adequate investigation; therefore prima facie case stood and the appellant failed to rebut the presumption of trafficking, so the Court of Appeal affirms conviction and mandatory death sentence.

  • 24 Nov 2021

    JOHN OBODOECHINA IFEKA [Passport No. A 04332914]

    Citation
    B-05(M)-614-12/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-614-12/2018 (Mahkamah Rayuan)

    The presumption under s.37(d) was validly invoked at the close of the prosecution case because no exculpatory evidence had been led; after hearing the defence the trial judge lawfully disbelieved the appellant’s account and on the totality of evidence (control of two named locked bags, keys in appellant's possession, name tags, removal of concealed metal rods from the bags and circumstances of conduct) found the appellant had knowledge and possession of the drugs; the appellant failed to rebut the presumption and the conviction for trafficking under s.39B(1)(a) and the mandatory death sentenc…

  • 17 Nov 2021

    LIM WAI WANG

    Citation
    CA-45A-11-10/2017 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CA-45A-11-10/2017 (Mahkamah Tinggi)

    Court found prosecution proved all essential elements: chemical analysis (P9) established the substances and weights; eyewitness and circumstantial evidence placed OKT1 in possession and control of a box containing drugs and demonstrated contemporaneous presence of OKT2 in vehicle where further packages were found; attempts to flee and dispose of evidence, proximity of packages and lack of alternative explanation supported knowledge and intent to traffic; chain of custody was intact; common intention inferred under s34. Accordingly OKT1 convicted on P3, P4 and P50 and sentenced as mandated by…

  • 17 Nov 2021

    LIM WAI WANG

    Citation
    CA-45A-11-10/2017 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CA-45A-11-10/2017 (Mahkamah Tinggi)

    The court found the prosecution proved all essential elements: the seized items were dangerous drugs as per chemical analysis, the accused was in possession and control (seen holding the box, drugs located in the car he used), the quantity and packaging supported an inference of trafficking, chain of custody was maintained and exhibits were positively identified, and the defence failed to raise reasonable doubt; therefore the accused was guilty and sentenced according to statutory penalties including mandatory death for specified trafficking counts and imprisonment for the methamphetamine cou…