Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

S37b dda caution
  • 7 Jul 2022

    Ahrjun A/l Chandran [ ]

    Citation
    B-05(M)-183-04/2019 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-183-04/2019 (Mahkamah Rayuan)

    Conviction for trafficking under s39B(1)(a) was unsafe because the trial judge failed to state whether he relied on direct evidence or statutory presumptions (s37(d)/s37(da)); however, on the evidence the appellant did have possession of the drugs and the trafficking conviction is substituted with a conviction for possession (s6) and sentenced to 13 years and 10 strokes. Other convictions under s12(2) were upheld but one sentence reduced to 3 years where the original sentence exceeded statutory maximum.