Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Statutory presumptions and burden of proof

Legal area

Court

3 Dec 2025

Mohd Nazuli Bin Mohd Nazari

Citation

KA-61R-2-01/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KA-61R-2-01/2022 (Mahkamah Sesyen)

The court found that prosecution proved all elements of s17(a) MACC Act: accused was an agent (police sergeant), accepted RM2,500 which was shown to be corrupt gratification as an inducement not to take action against the suspect, and the defence failed to raise a reasonable doubt; corroborative evidence (phone recordings and marked cash) established guilt, warranting conviction and sentence under s17(a).
6 May 2024

AUNG MOE ZAW

Citation

NA-83-720-06/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NA-83-720-06/2021 (Mahkamah Majistret)

Prosecution established each essential element: the seized beer were prohibited/dutiable goods (supported by chemical and classification reports), the accused had possession/control and the requisite knowledge inferred from circumstances and conduct, and no evidence was produced to rebut statutory presumptions that duties had been paid; defence account was an afterthought and did not raise reasonable doubt; accordingly the accused is guilty on both counts and liable to prescribed fines and forfeiture.