Criminal Law

81 cases · February 2018 to June 2026

Case Volume by Year

2
18
2
20
1
21
1
23
2
24
37
25
36
26
2018–2026

Key Issues & Sub-Topics

Appeal against conviction and sentence — Sexual offences against children — Sexual communication, physical sexual assault, and rape by using position of authority — Whether trial judge erred in finding prima facie case — Whether conviction safe — Whether sentence manifestly excessive — Sexual Offences Against Children Act 2017, ss 11(1)(a), 14(a), (c), (d) — Penal Code, s 376(2)(f) 5 Dangerous Drugs — Trafficking charge — Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 — Whether possession proven — Whether accused had custody and control and knowledge of the drugs — Police raid on a homestay — All three accused found on the first floor — In two separate rooms — No drugs found in the rooms on the first floor — Drugs found in a room on the ground floor — Whether ground floor room was locked during the raid — Contradiction between the testimony of the Raiding Officer and the homestay manager on whether it was locked — No entrance keys to the homestay and the ground floor room found on the accused persons — Whether the accused persons had access to the ground floor room — Whether a third party had instead locked the ground floor room and accused persons inside the homestay — Whether a third party had access to the ground floor room — Accused persons looking surprise and worried during the raid — Whether this reaction consistent with someone who had hid the entrance keys to the homestay and the ground floor room — Whether the purported navigation of the accused persons to the ground floor room admissible — Under section 27 of the Evidence Act 1950 — Whether the purported admission by the accused persons that they are keeping “barang salah” admissible — Whether caution administered pursuant to section 37B DDA 1952 — Identification of the 1st accused by the homestay manager via photograph — Whether identification parade ought to have been held based on the facts herein — Weight to be attached to such identification by photograph — No DNA of the accused persons found on the drug case exhibits and the non-drug case exhibits — Whether the fact that no response from the accused persons when the police called them from outside the homestay — And them looking scared and worried sufficient to infer knowledge — Whether DNA of the 3rd accused found on the water bottle on the ground floor room sufficient to infer knowledge — Whether presumption of trafficking under Section 37(da)(xvi) DDA, 1952 proven. 4 Sexual offences against children — Physical sexual assault — Conviction and sentence — Appeal — Whether prosecution proved case beyond reasonable doubt — Credibility of child witness — Inconsistencies — Misdirection by trial judge — Concurrent findings of fact --- Safe conviction — Appellate interference — Sentencing principles — Whether sentence manifestly excessive — s. 14(a) Sexual Offences Against Children Act 2017 3 Murder — Appeal by Appellants who were convicted and sentenced to death by HCJ — Whether HCJ had misdirected himself as to what constituted common intention of the Second Appellant — Penal Code, section 34 2 Appeal against sentence — Appellant charged under ss 376(2)(b), 377C, 377CA and 392/397 of Penal Code — Sentence for Armed Robbery — Whether whipping is mandatory — Sexual Offences — Whether sentence for armed robbery and sexual offences should run concurrently or consecutively — Seriousness of the offence 2 Dangerous Drugs — Trafficking — Possession — Accused charged with trafficking in methamphetamine and heroin and with possession of heroin and monoacetylmorphines — Drugs found partly on accused’s person and partly in dwelling house — Whether accused had custody and control and knowledge of drugs — Constructive possession — Accused leading police to premises and location of drugs — Admissibility of information leading to discovery — Evidence Act 1950 s 27 — Relevance of conduct of accused — Evidence Act 1950 s 8 — Whether exclusive possession required — Joint possession — Presumption of trafficking — Dangerous Drugs Act 1952 s 37(da) — Whether presumption rebutted on balance of probabilities — Defence of lack of knowledge and access by third parties — Chain of custody — Whether break in chain of evidence — Failure to adduce DNA evidence — Whether fatal to prosecution’s case — Whether prosecution established prima facie case at close of prosecution case — Criminal Procedure Code s 180. 2 Both Accused were separately charged with the smuggling of migrants under section 26A of the Anti-Trafficking in Persons And Anti-Smuggling of Migrants(ATIPSOM) Act 2007 — Prosecution had established a prima facie case against both the Accused — The learned High Court Judge(HCJ) had ordered both the Accused to enter their defence — Both the Accused were found guilty and sentence to a term of imprisonment of 8 years — Both the Accused appealed against the decision of the learned HCJ — There is no merit in all the grounds of appeal raised by both the Accused — The conviction and sentenced imposed by the learned HCJ are hereby affirmed. 2 Outraging modesty — Section 354 of the Penal Code — Traditional healing treatment — Accused touched complainant's private parts during Islamic spiritual healing — Whether accused had criminal intention to outrage modesty — Whether touching done with consent — Whether accused's actions justified as treatment — Whether defence raised reasonable doubt — Whether acquittal at end of defence case should be affirmed 1 Dangerous Drugs — Trafficking charge — Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 -Whether accused had custody and control of the drugs — Whether accused had knowledge of the drugs — Accused driving motorcar alone at night — During the implementation of the Movement Control Order — Was asked to stop by the police — Police conducted inspection on the motorcar — Accused alone in the motorcar with no one else present — Drugs found inside two shopping bags on the back passenger seat — The two bags were visible and in proximity with the accused seated in the driver’s seat — Direct evidence of possession — Whether based on surrounding facts knowledge can be inferred — Accused’s defence — The motorcar belongs to a third party — Accused intended to buy the motorcar but the sale was not concluded — Seller came to the accused house to negotiate the sale — During that moment accused brother contacted him — Informing the accused that their parents cannot be contacted — Accused took the motorcar in the pretext of going for a test drive — To check on his parents staying alone at the neighboring town — Hence the accused has no knowledge of the bags at the back passenger seat and the drugs inside the bags — Inconsistencies on how the accused was detained at the place of incident — Between the evidence of the Raiding Officer compared with the evidence of another raiding team member — Sole piece of evidence that the accused bought the motorcar from the seller is from the Investigating Officer– No other supportive evidence — The seller of the motorcar not called by the Prosecution — Although statement recorded from him by the Investigating officer — Absence of DNA and fingerprint of the accused inside the motorcar and on the drug case exhibits — Whether there is a break in the chain of evidence — Based on the chemist inability to identify whether one of packets had a small incision made by the Raiding Officer — Conduct of the accused not running away and cooperating with the police consistent with his innocence — Whether presumption of trafficking under Section 37(da)(xvi) DDA, 1952 proven. 1 Rape — Section 376 (3) Penal Code — Conviction set aside — No reasoned judgment — Different trial judges — Interest of justice — Retrial. 1 Dangerous Drugs — Possession — Methamphetamine — Appeal against conviction and sentence — Whether prima facie case established at close of prosecution's case — Whether conviction safe — Whether sentence manifestly excessive — Sections 12(2), 37(d) and 39A(2) Dangerous Drugs Act 1952 — Section 173(m)(i) Criminal Procedure Code 1 Outrage of modesty — Section 354 of the Penal Code — Elements of the offence — Whether criminal force applied with intent to outrage modesty Definition of 'outraging modesty' — Meaning of term not defined in Penal Code — Culpable intention of accused is crux of the matter — Test is whether a reasonable man would think that the act was intended to or was known to be likely to outrage the modesty of the victim — Test based on intention and knowledge of accused, not reaction of victim — Culpable intention of accused is crux of the matter — Essence of woman's modesty is her sex — State of Punjab v Major Singh AIR [1967] SC 63 and Zulkifli Hashim v PP [2017] 1 LNS 1768 applied 1 Road traffic offences — Dangerous driving causing death — Appeal against conviction — Appellant originally charged under Section 41(1) of Road Transport Act 1987 (reckless driving) — Charge amended mid-trial to Section 41(1) (dangerous manner of driving) — Appellant convicted and sentenced to five years' imprisonment, fine of RM20,000, and disqualification from holding driving licence for five years — Whether amendment to charge prejudiced Appellant's defence — Whether prosecution proved dangerous manner of driving beyond reasonable doubt — Whether evidence established that Appellant crossed into opposite lane — Eyewitness police report omitted material detail — Forensic evidence inconclusive as to point of impact — Appellant admitted in police report that he dozed off and lost control ("saya terlelap dan hilang kawalan") — Whether microsleep constituted dangerous driving or careless driving — Whether failure to secure infant in child restraint system amounted to intervening cause — High Court setting aside conviction under Section 41(1) and substituting conviction under Section 43(1) (careless driving) — Fine of RM8,000 imposed. 1 Application to strike out charges — Applicant charged under Section 36(b) of the Birth and Death Registration Act 1957 and Rule 25(1)(b) National Registration Regulations 1990 — Inherent power to stay proceedings — Abuse of process — Absence of serious prejudice to the defense — Article 5(1) of the Federal Constitution 1 Section 376(1) Penal Code — Rape of a minor — Pleaded guilty to two separate offences 1 Dangerous Drugs — Trafficking charge — Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 -Whether both accused had custody and control and knowledge of the drugs — They were seen seated inside a motorcar rented by PW8 whilst the engine still running — The police blocked their motorcar from behind — Both accused opened the car doors and ran — Thinking they were robbers — Drugs found on the back passenger seat — Inside a milk powder box — Both accused in close proximity with the drugs inside the motorcar — Direct evidence of possession — Whether knowledge of the drugs can be inferred from conduct of both accused running away — Whether other persons had access to the motorcar — Based on DNA of unknown individuals — Based on things found inside the motorcar by forensic investigation and seen in the photographs — Whether failure to produce fingerprint evidence weaken the prosecution case — Whether PW4 and PW8 are accomplice — Whether presumption of trafficking under Section 37(da)(xvi) DDA, 1952 proven. 1 Possession of dangerous weapon — Samurai sword — Section 7(1) Corrosive and Explosive Substances and Dangerous Weapons Act 1958 — Sentence — Imprisonment prescribed — Whipping not authorised — Defective charge sheet — Misstatement of law — Revisionary jurisdiction — High Court powers under ss 31, 35 & 325 CPC — Duty of court to scrutinise charge — Unrepresented accused — Error of law — Miscarriage of justice prevented 1 Appeal against acquittal — Prima facie case — Possession of psychotropic substance — Whether prosecution proved custody or control — Failure to establish exclusive control — Accomplice present with equal access to item — No fingerprint analysis conducted — Conflicting evidence on location of drug — Whether learned Magistrate erred in evaluating contradictions — Material inconsistencies between prosecution witnesses — Benefit of doubt given to accused 1 Dangerous Drugs Act 1952 — Section 39B(1)(a) — Trafficking in dangerous drugs — Methamphetamine — Net weight 243.52 grams — Presumption of trafficking — Section 37(da) — Meaning of “found in possession” — Requirement of express affirmative finding of possession — Knowledge, custody and control — Distinction between “deemed” possession and “found” possession — Whether presumption upon presumption permissible 1 Possession — Meaning — Knowledge and control — Conduct evidencing dominion — Accused directing police to concealed drugs — Whether DNA or fingerprint evidence necessary — Sufficiency of circumstantial and direct evidence 1 + 56 more

Appeal against conviction and sentence — Sexual offences against children — Sexual communication, physical sexual assault, and rape by using position of authority — Whether trial judge erred in finding prima facie case — Whether conviction safe — Whether sentence manifestly excessive — Sexual Offences Against Children Act 2017, ss 11(1)(a), 14(a), (c), (d) — Penal Code, s 376(2)(f) 5 cases

Dangerous Drugs — Trafficking charge — Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 — Whether possession proven — Whether accused had custody and control and knowledge of the drugs — Police raid on a homestay — All three accused found on the first floor — In two separate rooms — No drugs found in the rooms on the first floor — Drugs found in a room on the ground floor — Whether ground floor room was locked during the raid — Contradiction between the testimony of the Raiding Officer and the homestay manager on whether it was locked — No entrance keys to the homestay and the ground floor room found on the accused persons — Whether the accused persons had access to the ground floor room — Whether a third party had instead locked the ground floor room and accused persons inside the homestay — Whether a third party had access to the ground floor room — Accused persons looking surprise and worried during the raid — Whether this reaction consistent with someone who had hid the entrance keys to the homestay and the ground floor room — Whether the purported navigation of the accused persons to the ground floor room admissible — Under section 27 of the Evidence Act 1950 — Whether the purported admission by the accused persons that they are keeping “barang salah” admissible — Whether caution administered pursuant to section 37B DDA 1952 — Identification of the 1st accused by the homestay manager via photograph — Whether identification parade ought to have been held based on the facts herein — Weight to be attached to such identification by photograph — No DNA of the accused persons found on the drug case exhibits and the non-drug case exhibits — Whether the fact that no response from the accused persons when the police called them from outside the homestay — And them looking scared and worried sufficient to infer knowledge — Whether DNA of the 3rd accused found on the water bottle on the ground floor room sufficient to infer knowledge — Whether presumption of trafficking under Section 37(da)(xvi) DDA, 1952 proven. 4 cases

Sexual offences against children — Physical sexual assault — Conviction and sentence — Appeal — Whether prosecution proved case beyond reasonable doubt — Credibility of child witness — Inconsistencies — Misdirection by trial judge — Concurrent findings of fact --- Safe conviction — Appellate interference — Sentencing principles — Whether sentence manifestly excessive — s. 14(a) Sexual Offences Against Children Act 2017 3 cases

Murder — Appeal by Appellants who were convicted and sentenced to death by HCJ — Whether HCJ had misdirected himself as to what constituted common intention of the Second Appellant — Penal Code, section 34 2 cases

Appeal against sentence — Appellant charged under ss 376(2)(b), 377C, 377CA and 392/397 of Penal Code — Sentence for Armed Robbery — Whether whipping is mandatory — Sexual Offences — Whether sentence for armed robbery and sexual offences should run concurrently or consecutively — Seriousness of the offence 2 cases

Dangerous Drugs — Trafficking — Possession — Accused charged with trafficking in methamphetamine and heroin and with possession of heroin and monoacetylmorphines — Drugs found partly on accused’s person and partly in dwelling house — Whether accused had custody and control and knowledge of drugs — Constructive possession — Accused leading police to premises and location of drugs — Admissibility of information leading to discovery — Evidence Act 1950 s 27 — Relevance of conduct of accused — Evidence Act 1950 s 8 — Whether exclusive possession required — Joint possession — Presumption of trafficking — Dangerous Drugs Act 1952 s 37(da) — Whether presumption rebutted on balance of probabilities — Defence of lack of knowledge and access by third parties — Chain of custody — Whether break in chain of evidence — Failure to adduce DNA evidence — Whether fatal to prosecution’s case — Whether prosecution established prima facie case at close of prosecution case — Criminal Procedure Code s 180. 2 cases

Both Accused were separately charged with the smuggling of migrants under section 26A of the Anti-Trafficking in Persons And Anti-Smuggling of Migrants(ATIPSOM) Act 2007 — Prosecution had established a prima facie case against both the Accused — The learned High Court Judge(HCJ) had ordered both the Accused to enter their defence — Both the Accused were found guilty and sentence to a term of imprisonment of 8 years — Both the Accused appealed against the decision of the learned HCJ — There is no merit in all the grounds of appeal raised by both the Accused — The conviction and sentenced imposed by the learned HCJ are hereby affirmed. 2 cases

Dangerous Drugs — Trafficking charge — Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 -Whether accused had custody and control of the drugs — Whether accused had knowledge of the drugs — Accused driving motorcar alone at night — During the implementation of the Movement Control Order — Was asked to stop by the police — Police conducted inspection on the motorcar — Accused alone in the motorcar with no one else present — Drugs found inside two shopping bags on the back passenger seat — The two bags were visible and in proximity with the accused seated in the driver’s seat — Direct evidence of possession — Whether based on surrounding facts knowledge can be inferred — Accused’s defence — The motorcar belongs to a third party — Accused intended to buy the motorcar but the sale was not concluded — Seller came to the accused house to negotiate the sale — During that moment accused brother contacted him — Informing the accused that their parents cannot be contacted — Accused took the motorcar in the pretext of going for a test drive — To check on his parents staying alone at the neighboring town — Hence the accused has no knowledge of the bags at the back passenger seat and the drugs inside the bags — Inconsistencies on how the accused was detained at the place of incident — Between the evidence of the Raiding Officer compared with the evidence of another raiding team member — Sole piece of evidence that the accused bought the motorcar from the seller is from the Investigating Officer– No other supportive evidence — The seller of the motorcar not called by the Prosecution — Although statement recorded from him by the Investigating officer — Absence of DNA and fingerprint of the accused inside the motorcar and on the drug case exhibits — Whether there is a break in the chain of evidence — Based on the chemist inability to identify whether one of packets had a small incision made by the Raiding Officer — Conduct of the accused not running away and cooperating with the police consistent with his innocence — Whether presumption of trafficking under Section 37(da)(xvi) DDA, 1952 proven. 1 case

Rape — Section 376 (3) Penal Code — Conviction set aside — No reasoned judgment — Different trial judges — Interest of justice — Retrial. 1 case

Dangerous Drugs — Possession — Methamphetamine — Appeal against conviction and sentence — Whether prima facie case established at close of prosecution's case — Whether conviction safe — Whether sentence manifestly excessive — Sections 12(2), 37(d) and 39A(2) Dangerous Drugs Act 1952 — Section 173(m)(i) Criminal Procedure Code 1 case

Outrage of modesty — Section 354 of the Penal Code — Elements of the offence — Whether criminal force applied with intent to outrage modesty Definition of 'outraging modesty' — Meaning of term not defined in Penal Code — Culpable intention of accused is crux of the matter — Test is whether a reasonable man would think that the act was intended to or was known to be likely to outrage the modesty of the victim — Test based on intention and knowledge of accused, not reaction of victim — Culpable intention of accused is crux of the matter — Essence of woman's modesty is her sex — State of Punjab v Major Singh AIR [1967] SC 63 and Zulkifli Hashim v PP [2017] 1 LNS 1768 applied 1 case

Road traffic offences — Dangerous driving causing death — Appeal against conviction — Appellant originally charged under Section 41(1) of Road Transport Act 1987 (reckless driving) — Charge amended mid-trial to Section 41(1) (dangerous manner of driving) — Appellant convicted and sentenced to five years' imprisonment, fine of RM20,000, and disqualification from holding driving licence for five years — Whether amendment to charge prejudiced Appellant's defence — Whether prosecution proved dangerous manner of driving beyond reasonable doubt — Whether evidence established that Appellant crossed into opposite lane — Eyewitness police report omitted material detail — Forensic evidence inconclusive as to point of impact — Appellant admitted in police report that he dozed off and lost control ("saya terlelap dan hilang kawalan") — Whether microsleep constituted dangerous driving or careless driving — Whether failure to secure infant in child restraint system amounted to intervening cause — High Court setting aside conviction under Section 41(1) and substituting conviction under Section 43(1) (careless driving) — Fine of RM8,000 imposed. 1 case

Application to strike out charges — Applicant charged under Section 36(b) of the Birth and Death Registration Act 1957 and Rule 25(1)(b) National Registration Regulations 1990 — Inherent power to stay proceedings — Abuse of process — Absence of serious prejudice to the defense — Article 5(1) of the Federal Constitution 1 case

Section 376(1) Penal Code — Rape of a minor — Pleaded guilty to two separate offences 1 case

Dangerous Drugs — Trafficking charge — Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 -Whether both accused had custody and control and knowledge of the drugs — They were seen seated inside a motorcar rented by PW8 whilst the engine still running — The police blocked their motorcar from behind — Both accused opened the car doors and ran — Thinking they were robbers — Drugs found on the back passenger seat — Inside a milk powder box — Both accused in close proximity with the drugs inside the motorcar — Direct evidence of possession — Whether knowledge of the drugs can be inferred from conduct of both accused running away — Whether other persons had access to the motorcar — Based on DNA of unknown individuals — Based on things found inside the motorcar by forensic investigation and seen in the photographs — Whether failure to produce fingerprint evidence weaken the prosecution case — Whether PW4 and PW8 are accomplice — Whether presumption of trafficking under Section 37(da)(xvi) DDA, 1952 proven. 1 case

Possession of dangerous weapon — Samurai sword — Section 7(1) Corrosive and Explosive Substances and Dangerous Weapons Act 1958 — Sentence — Imprisonment prescribed — Whipping not authorised — Defective charge sheet — Misstatement of law — Revisionary jurisdiction — High Court powers under ss 31, 35 & 325 CPC — Duty of court to scrutinise charge — Unrepresented accused — Error of law — Miscarriage of justice prevented 1 case

Appeal against acquittal — Prima facie case — Possession of psychotropic substance — Whether prosecution proved custody or control — Failure to establish exclusive control — Accomplice present with equal access to item — No fingerprint analysis conducted — Conflicting evidence on location of drug — Whether learned Magistrate erred in evaluating contradictions — Material inconsistencies between prosecution witnesses — Benefit of doubt given to accused 1 case

Dangerous Drugs Act 1952 — Section 39B(1)(a) — Trafficking in dangerous drugs — Methamphetamine — Net weight 243.52 grams — Presumption of trafficking — Section 37(da) — Meaning of “found in possession” — Requirement of express affirmative finding of possession — Knowledge, custody and control — Distinction between “deemed” possession and “found” possession — Whether presumption upon presumption permissible 1 case

Possession — Meaning — Knowledge and control — Conduct evidencing dominion — Accused directing police to concealed drugs — Whether DNA or fingerprint evidence necessary — Sufficiency of circumstantial and direct evidence 1 case

Joint possession — Acting in concert — Section 34 Penal Code — Requirement of common intention — Mere presence or access to premises — Surprise reaction of co-accused — Whether evidence established joint possession or shared criminal intent 1 case

Dangerous Drugs Act 1952 — Charge under section 39B(1) — Relevance of witness testimony on occupation of premises — Relationship between ancillary witness evidence and arresting officer’s testimony — Hostile witness ruling not determinative of ultimate evidential weight 1 case

Dangerous Drugs — Possession of methamphetamine — Acquittal at conclusion of defence case — Appeal by prosecution — Whether trial magistrate erred in finding reasonable doubt — Burden of proof — Whether defence explanation must be believed — Effect of failure to investigate material facts 1 case

Malaysian Anti-Corruption Commission Act 2009 — Section 25(1) — Failure to report gratification — Whether prosecution must prove specific purpose pleaded in charge — Whether burden of proof shifts to accused — Section 50 MACC Act — Presumption of corrupt intent — Non applicability to section 25(1) 1 case

Appeal — Rape — Section 375(g) Penal Code — Requirement of penile penetration — Complainant unsure what penetrated — Whether prosecution proved penetration by male organ beyond reasonable doubt — Medical evidence showing only old hymenal tears —Uncertainty not clarified in reexamination — Whether trial judge misdirected himself — Whether conviction safe 1 case

Substitution of charge — Section 377CA Penal Code — Penetration by object not penis — Complainant unsure whether penetration was by penis or object — Whether facts proved reduce offence to minor offence — Whether substitution would prejudice accused — Whether essential element under s 377CA proved beyond reasonable doubt 1 case

Acquittal — Failure to establish actus reus of rape — Prosecution case unsafe— Conviction set aside — Acquittal and discharge ordered 1 case

Murder — Reduction of charge — Both accused are husband and wife — Charged with murder — Section 302 PC read together with section 34 PC — Victim a 4 year old girl — Mother of victim left the victim under the care of the 2nd accused — Intention to kill not proven — Court amended the charge to section 304(a) PC at the end of the Prosecution case — Based on the evidence presented during the prosecution stage — Injuries was inflicted on the victim by caning using a Rotan — Victim died due to tramline bruises causing severe hemorrhage into soft tissues — Leading to systemic function worsened — Absence of fatal injuries inflicted on the victim — Whether injuries inflicted on the victim sufficient in the ordinary course of nature to cause death — Defence put forward by both accused at the Prosecution stage — Victim was caned — Due to her frequently passing motion and urination all over the place in the house — The 2nd accused brought the victim to the hospital upon finding her unconscious — The 1st accused notified the victim’s mother that victim was sent to the hospital — 1st accused also fetched the victim’s mother to the hospital — Based on the facts and circumstances of the case it cannot be inferred that both accused had the intention to kill — Whether trial Court was justified in amending the charge — Whether the decision of the trial Court to amend the charge appealable — Whether falls within the definition of decision under section 3 CJA 1964 — Whether premature for the Prosecution to question the correctness or propriety of the decision at the prima facie stage — Whether in the interest of justice criminal trials must be concluded expeditiously without interruption of piecemeal appeal. 1 case

Dangerous Drugs — Possession — Elements of possession under Section 12(2) of the Dangerous Drugs Act 1952 — Drugs found in a closed bag in an open shed — Accused fled the scene — Plausible alternative explanation — Failure to prove physical element of custody and control — Charge under Section 39A(2) of the Dangerous Drugs Act 1952 read with Section 34 of the Penal Code — Appeal allowed — Conviction and sentence set aside 1 case

Dangerous Drugs — Knowledge — Act of fleeing before discovery of drugs — Admissible to infer knowledge — Accused explained he fled for fear of being arrested for drug consumption — Explanation reasonable and supported by evidence — Insufficient to prove possession without evidence of exclusive control 1 case

Key Statutes

cited in 12 cases
cited in 12 cases
Penal Code (Cap 574)
cited in 10 cases
cited in 4 cases
Criminal Justice Act 1953
cited in 3 cases
cited in 2 cases
Abolition of Mandatory Death Penalty Act 2023
cited in 1 case
Federal Constitution
cited in 1 case
Evidence Act
cited in 1 case
cited in 1 case
cited in 1 case

Court Distribution

Key People & Firms

Cases

Page 1 of 4
ta-41lb-10-09-2025
Pendakwa Raya v RULAM AKBAL BIN ABD MANAN
29 June 2026
MYHC
jb-45a-6-01-2022
PENDAKWA RAYA Pendakwa Raya TERTUDUH MUHAMAD FAUZIE BIN MASRI
23 June 2026
MYHC
ta-42jsksa-1-06-2025
ROSLI BIN ABD RAHMAN v Pendakwa Raya
7 June 2026
MYHC
ta-42jsksa-2-06-2025
ROSLI BIN ABD RAHMAN v Pendakwa Raya
7 June 2026
MYHC
ta-42jsksa-3-06-2025
ROSLI BIN ABD RAHMAN v Pendakwa Raya
7 June 2026
MYHC
ta-42jsksa-4-06-2025
ROSLI BIN ABD RAHMAN v Pendakwa Raya
7 June 2026
MYHC
ta-42jsksa-5-06-2025
ROSLI BIN ABD RAHMAN v Pendakwa Raya
7 June 2026
MYHC
jb-42jsks-2-08-2025
KHAIRULIZAM BIN MUSTAPA v Pendakwa Raya
3 June 2026
MYHC
ta-42s-7-12-2024
ONG SIM WEI v Pendakwa Raya
6 May 2026
MYHC
ja-41lb-4-08-2025
Pendakwa Raya v MOHD ISMAIL BIN ISHAK
4 May 2026
MYHC
ja-42jsks-5-12-2024
MOHAMAD IMRAN BIN MOHAMED v Pendakwa Raya
3 May 2026
MYHC
ta-41s-18-09-2025
MOHAMAD NAZRI BIN SELAMAT v Pendakwa Raya
2 May 2026
MYHC
wa-44-189-11-2025
S. RAJ KUMAR A/L SINNAKAUNDAN v Pendakwa Raya
28 April 2026
MYHC
ja-42jskh-7-03-2025
Pendakwa Raya v ABDUL BASIT BADAR BIN MOHAMAD
26 April 2026
MYHC
ja-42jsks-9-03-2025
ABDUL BASIT BADAR BIN MOHAMAD v Pendakwa Raya
26 April 2026
MYHC
jb-42jskh-8-10-2025
Pendakwa Raya v MOHAMMAD IRWAN BIN KAIROMAN
22 April 2026
MYHC
jb-45a-2-02-2021
PENDAKWA RAYA Pendakwa Raya [TIMBALAN PENDAKWA RAYA] TERTUDUH 1. ) MUHAMMAD NURSAFIQ IKMAL BIN MOHSIN 2. ) MOHAMAD EZUAN BIN ISMAIL
12 April 2026
MYHC
ja-43-5-04-2026
FAZIL@MALINDO BIN FAIZAL v Pendakwa Raya
9 April 2026
MYHC
ta-41lba-1-04-2025
Pendakwa Raya v MOHD FAIZOL BIN MAT AZMIN
7 April 2026
MYHC
ja-45a-106-06-2022
PENDAKWA RAYA Pendakwa Raya TERTUDUH 1. ) Mohd Khairul Azhar Bin Dollah 2. ) Khairul (Perempuan)
6 April 2026
MYHC
ja-45a-35-03-2023
PENDAKWA RAYA Pendakwa Raya TERTUDUH RUBEN A/L SELVA KUMAR
6 April 2026
MYHC
ta-41lb-9-12-2024
Pendakwa Raya v MUHAMMAD SABREE BIN ABD WAHAB
6 April 2026
MYHC
ja-42ra-13-09-2025
ALIAS BIN JAAFAR v Pendakwa Raya
1 April 2026
MYHC
ja-42jsks-14-07-2025
MOHAMAD IRFAN SHAH BIN SASHI HAAN v Pendakwa Raya
15 March 2026
MYHC
q-05m-304-08-2023
SEOW PEI CHIE v Pendakwa Raya [Pendakwa Raya]
9 March 2026
MYCOA