Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumptions under drug law
  • 5 Apr 2022

    JG-83D-129-04/2019 (Mahkamah Majistret)

    Citation
    JG-83D-129-04/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JG-83D-129-04/2019 (Mahkamah Majistret)

    The court found that prosecution proved the essential elements of possession—control/proximity and knowledge—by maximum evaluation of credible police evidence supported by corroborating witnesses and a continuous chain of custody to the chemist whose analysis confirmed the controlled drugs; defence explanations were not properly put to relevant prosecution witnesses and amounted to afterthoughts or failed to raise reasonable doubt; therefore defendants were convicted and sentenced under mandatory s.39A(1) ADB 1952.