Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Presumption under evidence act

Legal area

Court

7 May 2025

Muhammad Zikri Hanafi Bin Ishak [ ]

Citation

P-05(SH)-450-10/2022 (Mahkamah Rayuan)
Court

SH
Case number

P-05(SH)-450-10/2022 (Mahkamah Rayuan)

Court of Appeal held that the trial judge did not err: the prosecution proved beyond prima facie that appellant had physical control, custody and knowledge of 346.2g methamphetamine found in a bag he held; defence versions were inconsistent and uncorroborated; failure to call other raiding officers or fully identify 'Zaidi' did not undermine conviction; therefore conviction under s39B(1)(a) ADB stands. On sentencing, court exercised discretion to substitute death sentence with 30 years' imprisonment and 12 strokes, backdated to date of arrest.
3 Oct 2023

ROEZRIL BIN RAMDAN ALI [TIMBALAN ]

Citation

BA-42S-23-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42S-23-10/2022 (Mahkamah Tinggi)

The High Court upheld the trial judge's findings that in‑court identification of the appellant by SP1 and SP2 was reliable given proximity, duration, lighting and conduct at the scene; absence of evidence from the pawnbroker/disposer was not fatal nor did s114(g) apply; the appellant's alibi failed for want of prior notice, internal contradictions and lack of corroboration, therefore conviction and sentence were safe and must be affirmed.