Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Sentencing discretion under akta 846

Legal area

Court

11 Dec 2025

MUHAMMAD SHAFI BIN RASHIDI

Citation

KB-45A-32-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KB-45A-32-09/2022 (Mahkamah Tinggi)

The court found the prosecution proved beyond reasonable doubt the type and weight of the drugs (chemical analysis), possession and knowledge (direct testimony of arresting officer and defendant's direction to the hidden stash recorded in Exhibit P7) and that statutory presumptions of trafficking applied; the defence denial failed to rebut those presumptions or raise reasonable doubt, and therefore the accused was guilty on all three counts under section 39B(1)(a) Dangerous Drugs Act 1952.
14 Aug 2024

1. ) ANGELA DEWI A/P GANAI SANNACY 2. ) VIJAYA A/L GANAI SANNACY

Citation

B-05(M)-430-09/2023 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-430-09/2023 (Mahkamah Rayuan)

The Court upheld convictions because the totality of circumstantial evidence—last seen together shortly before attack, motive and prior threats, appellant-two's direction to recover the blunt weapon and the deceased's chain, and forensic pathology confirming blunt-force head trauma sufficient in the ordinary course to cause death—made any other inference impossible; disclosures and pointing-out conduct were admissible under s.27/s.8 Evidence Act; unsworn denials were inadequate to raise reasonable doubt. The death sentences were commuted under the court's statutory discretion to fixed terms o…