Malaysia Case Law: Decisions & Judgments

Topic

Presumption of distribution (s37(da))

Legal area

Court

2 Jul 2025

[Timbalan (TPR), Jabatan Peguam Negara] WESLEY LOH CHEE YOU

Citation

CB-45A-8-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45A-8-10/2020 (Mahkamah Tinggi)

Prosecution proved beyond reasonable doubt that the seized exhibits were methamphetamine totalling 769.9g (P9) and that the accused had possession, control and knowledge of the bag containing the drugs as shown by witness testimony and CCTV; chain of custody and laboratory explanations were sufficient so the s37(da) presumption of trafficking applied and the defence failed to rebut it on the balance of probabilities; accused convicted under s39B(1)(a) DDA and, having considered sentencing principles including abolition of mandatory death penalty and facts of the case, death was not appropriat…
18 Jun 2025

1. ) CHUA HOCK BENG 2. ) LEE KEE TEIK

Citation

KA-45A-38-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-38-06/2019 (Mahkamah Tinggi)

Although the prosecution proved the identity and chain of custody of the seized drugs, it failed to prove exclusive control, knowledge and a common intention linking the accused to distribution beyond reasonable doubt; multiple persons had access to the premises and the defence provided contemporaneous statements creating reasonable doubt, therefore conviction was unsafe and acquittal required.
19 Jun 2020

`ARIFF ARHANAN BIN CHE UDIN

Citation

N-05(M)-195-04/2019 dan N.05(SH)-209-04/2019 (Mahkamah Rayuan)
Court

M
Case number

N-05(M)-195-04/2019 dan N.05(SH)-209-04/2019 (Mahkamah Rayuan)

Court of Appeal held the trial judge correctly found a prima facie case: forensic analysis confirmed controlled drugs; appellant's conduct (leading police to room and producing the bag containing the drugs and his personal documents) established knowledge and possession; the quantity (721.26g) triggered statutory presumption of distribution under s37(da); defence was an afterthought and failed to raise reasonable doubt. Convictions and sentences were affirmed.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] WESLEY LOH CHEE YOU

1. ) CHUA HOCK BENG 2. ) LEE KEE TEIK

`ARIFF ARHANAN BIN CHE UDIN