Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Statutory presumption (s50)

  • 22 Oct 2025

    ZULKIFLY BIN ABD ZA'PAR

    Citation
    JA-61R-2-01/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-61R-2-01/2021 (Mahkamah Sesyen)

    The prosecution established beyond reasonable doubt that the accused, an immigration officer, corruptly solicited and thereafter received recurrent monetary gratifications as inducements to forbear enforcement against employers of illegal foreign workers; statutory presumption under s50(1) applied and the accused failed to rebut it on the balance of probabilities, therefore conviction under s16(a)(B) and sentencing under s24 followed.

  • 3 Jul 2025

    Mohd Hafizan bin Khalid

    Citation
    JA-61R-9-05/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-61R-9-05/2021 (Mahkamah Sesyen)

    Prosecution proved all statutory ingredients: the accused, an officer of a public body, corruptly received RM2,500 as gratification after the unauthorised container was released; documentary and witness evidence established the meat was unauthorised and that the accused could effect release via SMK; s50(1) presumption applied and the accused failed to rebut it on the balance of probabilities; conviction and sentence followed.