Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Statutory presumptions s.37(d) and s.37(da)

Legal area

Court

8 Dec 2025

ABDUL BIN MOHD DESA

Citation

K-05(H)-205-05/2024 (Mahkamah Rayuan)
Court

H
Case number

K-05(H)-205-05/2024 (Mahkamah Rayuan)

Although the evidence established that the appellants possessed the drugs with common intention (possession and knowledge proven by direct observation of handling/packing), the trial court's conviction for trafficking under s.39B(1)(a) based on invoking s.37(da) atop a deemed possession was unsafe as it amounted to a 'presumption upon a presumption'; convictions under s.39B(1)(a) were quashed and substituted with convictions for possession under s.12(2) ADB punishable under s.39A(2) ADB read with s.34 Penal Code; appropriate sentence fixed at 10 years' imprisonment and 10 strokes from the dat…
23 Sept 2025

MOHAMMAD ALEYAS BIN SAIAN

Citation

B-05(SH)-470-10/2024 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-470-10/2024 (Mahkamah Rayuan)

The Court allowed the appeals because the trial judge misapplied section 37(d) by invoking a statutory presumption after finding actual possession (jagaan, kawalan dan pengetahuan); because the prosecution had not proved trafficking under s.2 to the requisite standard without that misapplication, convictions for trafficking under s.39B(1)(a) were unsafe and were set aside and substituted with convictions for possession under s.12(2) read with s.39A(2); sentences were substituted with nine years' imprisonment from the date of arrest and ten strokes.