Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Sentencing (imprisonment and whipping)

Legal area

Court

22 Aug 2025

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU. RONG 4. ) TAN OANH TUYEN

Citation

WA-45-24-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45-24-04/2022 (Mahkamah Tinggi)

Circumstantial evidence established that accused had control of the premises and thus mens rea possession of the drugs beyond reasonable doubt, but the statutory presumption of trafficking under s.37(da) was successfully rebutted due to absence of overt acts of distribution and a break in chain of custody regarding the Lazada box; therefore conviction is for possession rather than trafficking.
28 Feb 2025

[Timbalan (TPR), Jabatan Peguam Negara] LEE ZUN MING

Citation

WA-45A-29-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-29-03/2021 (Mahkamah Tinggi)

Court found prosecution proved physical possession and knowledge of methamphetamine (1529g) and that statutory presumption of trafficking arose, but defence rebutted the presumption on balance of probabilities because prosecution failed to prove overt acts or intention to deliver to another; therefore accused could not be convicted of trafficking but was guilty of possession under section 12(2) DDA and sentenced accordingly.