Malaysia Case Law: Decisions & Judgments

Citation

BA-46-1-07/2022 (Mahkamah Tinggi)

Court

High Court

Case number

BA-46-1-07/2022 (Mahkamah Tinggi)

Prosecution failed to prove the essential elements of possession (custody, control and knowledge) against the accused because of inconsistent and interested witness testimony, failure to exclude access by others to the vehicle where drugs were found, gaps in chain of custody and improper or unproved cautions; therefore no prima facie case existed and the accused must be acquitted.

23 Dec 2021

PENDAKWARAYA KHAIROL ANUAR BIN ZAKARIA [KP: 830225-03-5283]

Citation: DA-45A-08-09/2017 (Mahkamah Tinggi)
Court: High Court
Case number: DA-45A-08-09/2017 (Mahkamah Tinggi)

The court accepted the chemist's identification of 1227.9g Cannabis, found the drugs in a room exclusively used by the accused and that the accused's conduct and contemporaneous answers to police (admissible under s.27 Evidence Act) established knowledge and control; because the weight exceeded the statutory threshold the s.37(da)(vi) presumption of trafficking applied and the accused failed to rebut that presumption on the balance of probabilities — therefore the prosecution proved the elements of trafficking under s.39B beyond reasonable doubt and conviction and sentence followed under s.39…

Malaysia Case Law

MOHD DIKY AL KUSHAIRY BIN KAMARUDDIN

PENDAKWARAYA KHAIROL ANUAR BIN ZAKARIA [KP: 830225-03-5283]