Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption of distribution (s.37(da)(i))
  • 4 Sept 2025

    MOHD SOBRI BIN ABU BAKAR

    Citation
    KA-45A-6-03/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45A-6-03/2021 (Mahkamah Tinggi)

    The High Court found that prosecution evidence established physical control of the vehicle by the accused at and before arrest and, by inference from circumstances and accused's conduct, the mental element of knowledge. Chemical analysis confirmed the quantities alleged and the statutory presumption of distribution for heroin exceeding 15g was properly raised and not rebutted on the balance of probabilities. Defence assertions of third‑party ownership and borrowing were determined to be afterthoughts, unsupported and implausible. Accordingly the prosecution proved the offences beyond reasonab…