Malaysia Case Law: Decisions & Judgments

Topic

Weight of drugs

Legal area

Court

7 Nov 2024

MOHD SALLEH BIN MEERASHA

Citation

M-06A-2-01/2023 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

M-06A-2-01/2023 (Mahkamah Rayuan)

The appeal is incompetent and dismissed because the High Court's order amending the charge and calling the accused to enter defence at the close of prosecution is interlocutory and not a final 'decision' within the meaning of s3 and s50 of the Courts of Judicature Act 1964; the proper course is remittance to the High Court to hear the defence and make a final determination.
27 Oct 2022

[ ] JOSHUA NADEN A/L SOOSAYNATHAN

Citation

BA-45A-23-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-23-04/2019 (Mahkamah Tinggi)

Prosecution proved a prima facie case: the seized substance was Cannabis (net 687.7g), the accused had custody and control of the bag thereby attracting the statutory presumption of knowledge under s37(d) ADB 1952, and the quantity supported inference of trafficking; chain of custody was intact and defence explanations (third‑party placement, missing CCTV or vehicle, non‑summoning of named persons) failed to raise reasonable doubt; defendant convicted and sentenced accordingly.
13 May 2019

1. ) KANNAN A/L RAMA CHENDERAN 2. )

Citation

A – 05 (M) – 58 – 01 / 2018 (Mahkamah Rayuan)
Court

M
Case number

A – 05 (M) – 58 – 01 / 2018 (Mahkamah Rayuan)

Given the substantial quantity of dangerous drugs (213.37g, approximately 42 times the statutory minimum), the public interest and deterrence considerations outweighed the appellant's mitigating factors; therefore under s39A(2) Dangerous Drugs Act 1952 and having regard to the amended Criminal Justice Act 1953 the appropriate sentence was 18 years imprisonment and 10 strokes of the rattan, backdated to date of arrest.

Malaysia Case Law

MOHD SALLEH BIN MEERASHA

[ ] JOSHUA NADEN A/L SOOSAYNATHAN

1. ) KANNAN A/L RAMA CHENDERAN 2. )