Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Urine sample collection procedure

Legal area

Court

27 Sept 2023

Mohamad Zuhaili Bin Zainal [ ]

Citation

J-09-245-09/2021 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

J-09-245-09/2021 (Mahkamah Rayuan)

The Court upheld the trial and high court findings because (1) prosecution proved lawful and proper urine sample collection and chain of custody through witness evidence and corroborating documentary and photographic evidence so the toxicology results were admissible and supported conviction under s.15(1)(a) DDA; (2) previous convictions were proved by certified court records/registrar extracts in accordance with s.400 CPC and relevant authority (PP v Azfaiz Jamil), justifying application of s.39C and enhanced sentence; and (3) there was no misapplication of sentencing principles warranting a…
8 Apr 2021

PENDAKWARAYA Muhammad Amirul bin Noor Hashimi MOHD SABRI BIN MOHD RAZALI

Citation

NH-82D-3-09/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NH-82D-3-09/2019 (Mahkamah Majistret)

Because the urine sample was collected by police officers of rank Corporal (below Sergeant) in breach of section 31A(1A) Dangerous Drugs Act 1952, the urine test evidence was excluded; without that evidence the prosecution failed to establish a prima facie case under section 15(1)(a) and the accused was acquitted without being called to enter defence.