Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 154 evidence act 1950 (hostile witness)
  • 9 Nov 2023

    LOO YONG HENG [ ]

    Citation
    J-05(SH)-253-06/2022 (Mahkamah Rayuan)
    Court
    SH
    Case number
    J-05(SH)-253-06/2022 (Mahkamah Rayuan)

    The Court found that the trial judge permissibly invoked the presumption under s37(da) because the drugs (including 183.14g methamphetamine) were in plain view in the appellant's sole-occupied room alongside distribution paraphernalia and cash, establishing actual possession or, alternatively, a proper basis for the statutory presumption; the appellant's denials were bare and failed to raise reasonable doubt; SP5 was hostile but material parts of his primary evidence were corroborated and admissible; therefore convictions on all six charges were safe and upheld; pursuant to Akta 846 the manda…

    • Possession
    • Trafficking
    • Statutory presumptions s37(da) adb
    • Section 154 evidence act 1950 (hostile witness)
    • Conduct evidence (s8 evidence act)
    • Mandatory death penalty abolition (akta 846)