Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption of knowledge

  • 31 Mar 2026

    1. ) TAN SYE 2. ) WONG KAI MENG

    Citation
    BA-45A-69-07/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-69-07/2024 (Mahkamah Tinggi)

    Court accepted chemical analysis proving identity and weights of seized substances but on maximum evaluation of prosecution evidence found prosecution failed to prove prima facie case against Tan Sye for possession/trafficking because evidence did not establish her knowledge or control; the cautioned statement and contemporaneous conduct supported defence. For Wong Kai Meng court found custody/control sufficient to invoke presumption under s37(d) but not sufficient to invoke s37(da) for trafficking; court amended the trafficking charge to possession under section 6/39A(2) ADB1952 and called h…

  • 18 Mar 2026

    ANTHONY A/L SINNASAMY

    Citation
    BA-45A-99-10/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-99-10/2023 (Mahkamah Tinggi)

    Court found prosecution established a prima facie case for possession under section 6 DDA (invoking presumption of knowledge under s37(d) and s8 inferences) because chain of custody and identity of exhibits were sufficiently proven and the accused had custody and control of the vehicle and access to the bag; prosecution failed to prove the element of distribution/trafficking under section 2 and therefore the original trafficking charge under s39B was amended to possession under s6 and the accused was convicted and sentenced accordingly.

  • 14 Jan 2026

    Ngoforo Ebube Gospel (Nigeria) [ ]

    Citation
    B-05(SH)-504-10/2024 (Mahkamah Rayuan)
    Court
    SH
    Case number
    B-05(SH)-504-10/2024 (Mahkamah Rayuan)

    The conviction was unsafe because the trial judge materially misapprehended the evidence as to OKT2's role, drew speculative inferences unsupported by the record, and failed to properly evaluate key defence evidence (D42, D43, SD2) as required by law, thereby occasioning a miscarriage of justice; appeal allowed and conviction set aside.

  • 26 Nov 2025

    MOHD ADUKA BIN MUHAMAD

    Citation
    T-05(SH)-327-07/2024 (Mahkamah Rayuan)
    Court
    SH
    Case number
    T-05(SH)-327-07/2024 (Mahkamah Rayuan)

    Court of Appeal found material and unresolved contradictions in prosecution evidence (discrepant timings of seizure and transport, inconsistent accounts on whether appellant attempted to flee, and inconsistency over where the identity card and bag were found) and insufficient critical evaluation by trial judge; these defects meant prosecution failed to prove custody, control and knowledge beyond reasonable doubt and therefore no prima facie case existed to require the accused to make a defence, warranting allowance of the appeal and quashing of conviction and sentence.

  • 3 Sept 2024

    DANIEL EE

    Citation
    BA-45-29-03/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45-29-03/2022 (Mahkamah Tinggi)

    The prosecution failed to prove the essential ingredient of possession for the charged offences because it did not exclude access by other persons to the locations where drugs were found, produced conflicting material evidence on critical facts (location of accused's wallet), and an investigating officer failed to administer the statutory caution under section 37B DDA 1952; accordingly there was no prima facie case to call the accused to enter his defence.

  • 3 Sept 2024

    DANIEL EE

    Citation
    BA-45A-55-03/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-55-03/2022 (Mahkamah Tinggi)

    The prosecution failed to establish possession and knowledge beyond a prima facie standard: it did not exclude access by third parties to the garage where the large quantity of methamphetamine was found; there was material conflict in prosecution evidence as to whether the accused's personal effects (wallet/ID) were found with the drugs; and the arresting officer did not administer the statutory caution under s37B DDA which was fatal to reliance on the accused's admission. Consequently the prosecution did not make out a prima facie case on possession and trafficking.

  • 9 Aug 2024

    [ ] 1. ) Zacchaeus Liew Kah Hou 2. ) Chong Jia Xin

    Citation
    BA-45-21-07/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45-21-07/2019 (Mahkamah Tinggi)

    The court found that the statutory presumption under s.37(d) of the Dangerous Drugs Act applied to OKT1 and OKT2 because they were in custody or control of the vehicle and bags containing drugs; prosecution proved linkage for OKT1 and OKT2 beyond reasonable doubt leading to conviction for trafficking (110g Ketamine) and related possession counts; OKT3 successfully rebutted the presumption with credible explanation and was acquitted; OKT4-OKT6 were acquitted for lack of evidence linking them to the drugs.

  • 26 Jun 2024

    [Pegawai Pendakwa] Wong Yaw Heng

    Citation
    BA-45A-102-09/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-102-09/2021 (Mahkamah Tinggi)

    Prosecution failed to establish a prima facie case of trafficking under s39B but proved identity of the drugs and that the accused had custody and control of the bags; under s167 the court amended charges to offences under s12(2) punishable under s39A(2) and s12(3); the presumption of knowledge under s37(d) applies on proof of custody/control; accused's unqualified guilty plea led to conviction on both amended charges and concurrent sentences were imposed, backdated to date of arrest.

  • 26 Jun 2024

    [Pegawai Pendakwa] Wong Yaw Heng

    Citation
    BA-45A-103-09/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-103-09/2021 (Mahkamah Tinggi)

    Prosecution failed to establish prima facie case for original trafficking charges but proved possession, custody and control of the seized Ketamine and Methamphetamine sufficient to invoke the statutory presumption of knowledge under Section 37(d); charges were lawfully amended under s167 CPC, accused pleaded guilty to the amended offences and was convicted and sentenced accordingly.

  • 7 May 2024

    Kang Choo Kiang [ ]

    Citation
    K-05(M)-146-04/2022 (Mahkamah Rayuan)
    Court
    M
    Case number
    K-05(M)-146-04/2022 (Mahkamah Rayuan)

    Appellant had custody and control of the vehicle containing a large quantity of methamphetamine; the statutory presumption of knowledge under s.37(d) DDA 1952 was properly raised and not rebutted on the evidence; chain of custody and chemist analysis established identity and weight of drugs; the innocent carrier story was fabricated and not corroborated; conviction for trafficking is therefore safe. On sentence, the death penalty was substituted with thirty years' imprisonment commencing from date of arrest in light of applicable sentencing principles and legislative context.