Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Prima facie case (s180 cpc)

Legal area

Court

31 Mar 2021

PENDAKWARAYA PUBLIC PROSECUTOR 1.OKAFOR IFEANYI ANTHONY 2.IDOYE SYLVESTER ONYEKE

Citation

WA-45A-39-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-39-12/2019 (Mahkamah Tinggi)

Eyewitness evidence established that second accused carried and opened the white paper bag and first accused put his hand into it; chemist confirmed 2,775g cannabis; statutory presumption under s37(d) DDA applied and defence failed to rebut on balance of probabilities; quantity and joint conduct supported trafficking and common intention under s34; prosecution proved case beyond reasonable doubt and accused were convicted and sentenced to death.
12 Oct 2020

PENDAKWARAYA PUBLIC PROSECUTOR MHAGESWARAN A/L MUTHU

Citation

WA-45A-10-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-10-03/2019 (Mahkamah Tinggi)

Although identity and weight of the methamphetamine were proven and a prima facie case of possession was made, the prosecution failed to prove exclusive possession and the requisite knowledge/mens rea beyond reasonable doubt because of credible contradictory evidence about location of the packages, inadequate investigation into prior users of the vehicle and unimpugned defence evidence that rebutted the s37(d) presumption on balance of probabilities; accordingly the accused was acquitted.