Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Mens rea for possession

Legal area

Court

27 Aug 2024

[Pejabat Pengarah Pendakwaan Negeri Kelantan] Mohd Khairu Azharien Bin Ismail

Citation

DJ-83D-1127-09/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-83D-1127-09/2020 (Mahkamah Majistret)

On maximum evaluation the prosecution proved beyond reasonable doubt that the accused had control and knowledge of the methamphetamine (8.50 g) found in plain sight in his vehicle, the chain of custody was intact, defence amounted to bare denial and afterthoughts insufficient to rebut the prima facie case; accused convicted under s39A(1) Dangerous Drugs Act 1952 and sentenced accordingly.
30 Mar 2021

SRI GANESH A/L JAYA BALAN

Citation

B-05(M)-120-03/2019 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-120-03/2019 (Mahkamah Rayuan)

Court held Sri Ganesh's conviction and death sentence for trafficking under s39B(1) Dangerous Drugs Act 1952 was safe because evidence proved actual possession and knowledge; by contrast the conviction of Agnish for possession under s39A(2) was unsustainable because the trial judge accepted that Agnish lacked knowledge (mens rea), so the mental element was missing and acquittal was ordered; the prosecution's cross‑appeal on sentence for Agnish was dismissed.