Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption of knowledge (s135(2))

  • 28 Aug 2023

    TOH HAN PENG

    Citation
    AB-83-558-10/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AB-83-558-10/2020 (Mahkamah Majistret)

    Although the seized cigarettes were prohibited import goods, the prosecution failed to prove that the accused had possession or control of those goods or knowledge sufficient to ground criminal liability; therefore the presumption under s135(2) could not be triggered and there was no prima facie case to call the accused to answer.