Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Statutory presumption under dangerous drugs act

Legal area

Court

29 Apr 2025

Yen Tai Xiang [ ]

Citation

B-05(SH)-356-07/2024 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-356-07/2024 (Mahkamah Rayuan)

The trial judge's findings that appellants possessed and knew the nature of the methamphetamine were supported by deliberate concealment, admissions in recorded statements and surrounding circumstances; Alcontara notices were insufficient and duress was not established, therefore the presumption of trafficking applied and convictions and sentences were upheld.
17 Mar 2022

Tan Aik Swan [Timbalan (TPR), Jabatan Peguam Negara]

Citation

J-05(M)-519-10/2018 (Mahkamah Rayuan)
Court

M
Case number

J-05(M)-519-10/2018 (Mahkamah Rayuan)

Trial judge's factual findings that appellant purchased/used the car, the drugs were in close proximity and appellant's conduct (two attempts to flee) proved possession and knowledge; appellant failed to rebut statutory presumption under s37(da); section 39B(2A) is to be read such that paragraph (d) is mandatory conjunctive with (a)-(c) where applicable and is constitutional; therefore conviction and death sentence under s39B(1)(a) and (2) are affirmed.