Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 39b dda 1952

  • 25 Nov 2024

    MOHD HASNI BIN ISMAIL

    Citation
    KA-46A-1-03/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-46A-1-03/2023 (Mahkamah Tinggi)

    Court accepted prosecution evidence as credible: recovered cannabis was identified by chemist, chain of custody intact, drugs were in vehicle controlled and driven solely by accused, circumstantial facts permitted inference of knowledge; accused's third‑party story (Mat John) rejected as fabricated and did not rebut presumption under s37(da); therefore prosecution proved guilt beyond reasonable doubt and accused convicted of trafficking under s39B(1)(a).

  • 25 Jun 2024

    ERIC BONG JING XIANG [ ]

    Citation
    Q-05(M)-430-09/2022 (Mahkamah Rayuan)
    Court
    M
    Case number
    Q-05(M)-430-09/2022 (Mahkamah Rayuan)

    The Court upheld the trial judge's factual findings that the appellant had custody and control of the parcel when he collected it and that his conduct on confrontation and the totality of surrounding circumstances permitted a safe inference of knowledge; the chain of custody was intact and investigative omissions were not fatal; accordingly conviction under s39B(1)(a) DDA 1952 was affirmed. On sentencing the Court exercised the newly conferred discretion under Act 846 to set aside the death penalty and impose concurrent life terms (read as 30 years) with 12 strokes of whipping per count given…