Dangerous Drugs Act
Drug Offences Defence
Charges under the Dangerous Drugs Act 1952 carry some of the most severe penalties in Malaysian law, including life imprisonment and, in trafficking cases, the death penalty under s.39B. Even a small quantity can trigger statutory presumptions that shift the burden onto the accused.
How I approach it
We attack the chain of custody, the legality of the search, the integrity of the chemist's report, and the application of the trafficking presumption. Where applicable, we negotiate amended charges from trafficking to possession to preserve life and liberty.
Speak to RohanCharges I represent
- Possession of dangerous drugs (s.6 / s.12 DDA)
- Self-administration (s.15 DDA)
- Trafficking in dangerous drugs (s.39B DDA)
- Conspiracy and abetment in drug offences
What is at stake
Possession
Imprisonment of up to 5 years and a fine, with mandatory rehabilitation in some cases.
Trafficking
Mandatory life imprisonment with whipping or, in the gravest cases, the death penalty under s.39B.
Consumption
Up to 2 years' imprisonment or a fine, plus supervision under the Drug Dependants (Treatment and Rehabilitation) Act.
Defences I build
Lack of knowledge
The prosecution must prove the accused knew of the nature and presence of the substance — a high evidentiary threshold that can be challenged.
Defective chain of custody
Gaps between seizure, weighing and analysis at the chemist department can render the exhibit's identity unreliable.
Rebutting the trafficking presumption
Statutory presumptions under s.37 DDA are rebuttable on the balance of probabilities — often the most important battleground in a trafficking case.
Common questions about Drug Offences Defence
The thresholds vary by substance. For cannabis it is 200g; for heroin or morphine it is 15g. Once exceeded, the burden shifts to the accused to rebut the presumption.
Recent reforms have introduced sentencing discretion for s.39B, but life imprisonment with whipping remains a real outcome. Strategic defence work is critical from day one.
You can be charged, but conviction requires proof of knowledge and custody. Shared vehicles, lent cars and joint occupancy all open serious legal defences.
Confidential consultation
Facing a Drug Offences charge?
Time is the most valuable thing you have right now. Speak to me early, in confidence, and let us plan the response together.
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