Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sentencing considerations
  • 12 Jan 2026

    Mohd Khairul Ehwan Bin Md Desa

    Citation
    AA-82D-18-09/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AA-82D-18-09/2022 (Mahkamah Majistret)

    The court found the prosecution proved all requisite factual predicates for applying the statutory presumption in section 37(k) ADB 1952 (lawful arrest and urine sample taken, sample analysed by government science officer, detected substances are listed in the First Schedule, and chain of custody intact); the defence failed to rebut the presumption on the balance of probabilities and failed to raise reasonable doubt on the prosecution case, therefore the accused was convicted under section 15(1)(a) ADB 1952. Sentencing was guided by public interest and the accused's status as a police officer…