Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Overt act
  • 13 Jul 2020

    Guo Renchun

    Citation
    B-05-387-08/2017 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    B-05-387-08/2017 (Mahkamah Rayuan)

    The Court held the prosecution proved a prima facie case of trafficking under s.39B(1)(a) ADB 1952: accused had control of luggage containing a large concealed quantity of methamphetamine (1,841.7g) bearing his name and matching clothing, travelled alone from Chengdu, and no reasonable explanation was provided; the concealment and circumstances permitted an inference of knowledge and intention to deliver, and the Alcontara notice was neither sufficiently particular nor reliable to undermine the prosecution case. The trial judge's substitution to possession under s.12(2)/s.39A(2) was set aside…