Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Possession - exclusive vs joint
  • 25 Sept 2025

    THIAGARAJAN A/L RAMAN

    Citation
    K-05(SH)-275-06/2024 (Mahkamah Rayuan)
    Court
    SH
    Case number
    K-05(SH)-275-06/2024 (Mahkamah Rayuan)

    The Court upheld the trial judge's credibility findings and concluded the discrepancies in police evidence were immaterial; chain of custody was intact; surrounding circumstances established the appellant's physical control, knowledge and animus possidendi over the seized drugs and the statutory presumption of distribution applied given the heroin weight; accordingly the prosecution proved all elements and the convictions and sentences were safe and must be affirmed.