Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Presumptions of possession and trafficking

Legal area

Court

24 Sept 2019

1. TAN CHUN CHENG 2. TAN CHOON HUI PUBLIC PROSECUTOR

Citation

S-05(M)-335-06/2018 & S-05(M)-336-06/2018 (Mahkamah Rayuan)
Court

M
Case number

S-05(M)-335-06/2018 & S-05(M)-336-06/2018 (Mahkamah Rayuan)

Double presumption under ss.37(d) and 37(da) could not sustain conviction following higher authority; prosecution failed to exclude access by others to the vehicle so possession was not established; caution was not adequately explained rendering post-arrest statements inadmissible; in combination the convictions were unsafe and had to be set aside with acquittal.
7 Aug 2019

Hemankumar a/l Subramaniam

Citation

K-05(M)-244-06/2017 (Mahkamah Rayuan)
Court

M
Case number

K-05(M)-244-06/2017 (Mahkamah Rayuan)

The Court held that the trial judge's use of a double presumption (invoking s37(da) on the basis of presumed possession under s37(d)) was legally untenable; however, on the facts (key seized from appellant, locked room opened by that key, appellant led police to the room, appellant's personal items in the room, and admissible s27 information) possession and knowledge were proved on the evidence; accordingly the appeal was allowed, the conviction under s39B(1)(a) set aside and substituted with a conviction for possession under s12(2) read with s39A(2) of the Dangerous Drugs Act 1952 with penal…