Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Statutory presumption (s37(d))

Legal area

Court

2 Oct 2020

PENDAKWARAYA PENDAKWARAYA Chua Swee Siong

Citation

BL-83D-569-04/2018 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BL-83D-569-04/2018 (Mahkamah Majistret)

The court found the prosecution proved the presence of 6.13g methamphetamine and that the defendant had physical control of the tin containing the drugs; the statutory presumption under s37(d) Dangerous Drugs Act was thereby engaged and the defendant failed to rebut it on the balance of probabilities; contradictions and investigative omissions were not material to undermine the core evidence; accordingly the defendant was convicted.
28 Sept 2020

PENDAKWARAYA Pendakwaraya Ahmad Kamil bin Anuar

Citation

WA-45A-53-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-53-12/2018 (Mahkamah Tinggi)

The prosecution established a prima facie case: chemical analysis confirmed 1522.8g Cannabis, chain of custody was intact, police evidence that keys found on accused were used to access the house and accused guided police to the premises justified inference of custody/control and knowledge under s37(d) ADB; defence explanations were disbelieved or insufficient to raise reasonable doubt, and the quantity and paraphernalia supported trafficking under s39B(1)(a); accordingly accused was convicted and sentenced under s39B(2).