Malaysia Case Law: Decisions & Judgments

Topic

Sentence substitution

Legal area

Court

8 Dec 2025

VIJI KUMAR A/L RAJOW

Citation

K-05(H)-207-05/2024 (Mahkamah Rayuan)
Court

H
Case number

K-05(H)-207-05/2024 (Mahkamah Rayuan)

The Court found sufficient direct evidence of possession and knowledge because officers observed the appellants handling and placing small drug packets into a larger bag at the time of the raid; however the trial court erred by effectively applying a 'presumption upon a presumption' when treating deemed possession under s.37(d) as sufficient to invoke the s.37(da) trafficking presumption without a separate affirmative finding of found possession. Consequently convictions for trafficking under s.39B(1)(a) were unsafe and were quashed; convictions substituted to possession under s.12(2) DDA wit…
9 Sept 2025

NAGARAJAN A/L ALAGASAN [ ]

Citation

W-05(M)-96-03/2022 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-96-03/2022 (Mahkamah Rayuan)

The Court set aside the death sentences and substituted convictions for culpable homicide under section 299 punishable under section 304(a) read with section 34 of the Penal Code; having weighed the facts, mitigation and sentencing trends the Court imposed a global sentence of 12 years imprisonment on each appellant, effective from date of arrest (17 August 2017).
19 May 2025

Julasiri Bin Akilmara [ ]

Citation

S-05(SH)-334-08/2022 (Mahkamah Rayuan)
Court

SH
Case number

S-05(SH)-334-08/2022 (Mahkamah Rayuan)

Failure of the High Court to make a clear finding and inform the appellant whether he had to answer actual or presumed trafficking under Section 37(da) DDA 1952 amounted to a miscarriage of justice; therefore the conviction for trafficking under s39B(1)(a) was unsafe and was set aside and substituted with a conviction for possession under Section 12(2) DDA 1952, with sentence adjusted accordingly.
7 May 2025

Muhammad Zikri Hanafi Bin Ishak [ ]

Citation

P-05(SH)-450-10/2022 (Mahkamah Rayuan)
Court

SH
Case number

P-05(SH)-450-10/2022 (Mahkamah Rayuan)

Court of Appeal held that the trial judge did not err: the prosecution proved beyond prima facie that appellant had physical control, custody and knowledge of 346.2g methamphetamine found in a bag he held; defence versions were inconsistent and uncorroborated; failure to call other raiding officers or fully identify 'Zaidi' did not undermine conviction; therefore conviction under s39B(1)(a) ADB stands. On sentencing, court exercised discretion to substitute death sentence with 30 years' imprisonment and 12 strokes, backdated to date of arrest.
29 Oct 2024

JEFRI

Citation

B-05(M)-75-03/2023 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-75-03/2023 (Mahkamah Rayuan)

Appellant's conviction was upheld because the prosecution proved custody and control of the drugs by affirmative links—drugs concealed in bag P19 on the bed in the room occupied solely by appellant, appellant's passport and personal items associated with P19 and room, DNA matches, and contemporaneous conduct (locking door/resisting police); P32 admissible; mixed DNA did not establish existence of another occupier; thus guilt proved beyond reasonable doubt; sentence reduced from death to 30 years imprisonment and 12 strokes due to change in law.
26 Sept 2024

RAVEEN A/L KUHAN

Citation

WA-83D-8895-08/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83D-8895-08/2023 (Mahkamah Majistret)

Having weighed mitigating factors (first offender, youth, family dependants, low quantity of methamphetamine 9.35g, employment, medical history, guilty plea) against public interest, and having regard to statutory amendments enabling Compulsory Attendance Orders and relevant authorities, the court held that the mandatory minimum custodial term was not appropriate in this case and lawfully substituted custody with a Compulsory Attendance Order (PKW) of 4 hours daily for 12 months, secured by a RM2500 bond with one surety; failure to comply will expose the accused to the original custodial sent…
14 Jul 2021

MOHD SHUKRI BIN ABD RASID (NO. K/P: 860826-35-5167)

Citation

P-05(M)-604-12/2018 (Mahkamah Rayuan)
Court

M
Case number

P-05(M)-604-12/2018 (Mahkamah Rayuan)

The Court held the trial judge's use of cumulative/double presumptions under s37(d) and s37(da)(xvi) via s37A was unconstitutional and rendered the conviction under s39B(1)(a) unsafe; however on rehearing of the evidence the appellate court found there was sufficient admissible evidence to convict the appellant of possession under s12(2) and substituted that conviction and imposed sentence of 15 years' imprisonment and 10 strokes under s39A(2), backdated to 31.05.2017.

Malaysia Case Law

VIJI KUMAR A/L RAJOW

NAGARAJAN A/L ALAGASAN [ ]

Julasiri Bin Akilmara [ ]

Muhammad Zikri Hanafi Bin Ishak [ ]

JEFRI

RAVEEN A/L KUHAN

MOHD SHUKRI BIN ABD RASID (NO. K/P: 860826-35-5167)