Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Statutory presumption s.37(da)

Legal area

Court

20 Jun 2024

[PEJABAT TIMBALAN NEGERI PERAK (TAIPING)] Mohd Yusni Bin Ishak

Citation

AB-45A-2-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AB-45A-2-01/2021 (Mahkamah Tinggi)

Prosecution proved physical control and possession of the drugs on the defendant and expert evidence confirmed identity/weight (337.3g cannabis); statutory presumption under s.37(da) therefore arose; defence explanation was inconsistent and failed to rebut the presumption on the balance of probabilities; accordingly conviction for trafficking under s.39B(1)(a) and possession under s.12(3) followed.
29 Feb 2024

MOHAMAD FAEZ BIN MOKTAR

Citation

JA-45A-72-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-45A-72-11/2021 (Mahkamah Tinggi)

Prosecution failed to prove the essential element of possession (custody, control and knowledge) affirmatively because reasonable inferences supported that others had access to the premises, key proving nexus was not produced and provenance was uncertain, tenancy evidence was hearsay without corroboration, and absence of personal effects undermined proof of occupancy; consequently the statutory presumption of trafficking under s.37(da) could not be invoked and no prima facie case was made out, warranting acquittal.