PENDAKWARAYA ONG CHOON KEONG

PENDAKWARAYA ONG CHOON KEONG

The court accepted the agent provocateur's testimony (PW2), the gaming expert's identification of P6 (PW4) and corroborating circumstantial evidence (P7, P8) to trigger the statutory presumption under section 11(1)(c); the accused failed to rebut that presumption on balance of probabilities, and procedural delays or...

Source-derived case information.

Citation
83-735-08/2019 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Ong Choon Keong
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 October 2020
Case Number
83-735-08/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Offence Under Common Gaming House Act 1953 / Magistrates Court Trial, Conviction and Sentencing; Stay of Execution Pending Appeal
Outcome
Accused convicted under section 4A(a) read with section 11(1)(c) Common Gaming House Act 1953; sentenced to imprisonment and fine; stay of execution on imprisonment pending appeal granted.
Legal Topics
Common Gaming House Act 1953, Presumption of Possession and Assisting Under Section 11(1)(c), Agent Provocateur Evidence, Forensic Evidence and Chain of Custody, Admissibility of Documents and Duplicates, Stay of Execution Pending Appeal
Criminal Law Gambling Law Evidence Law Common Gaming House Act 1953 Presumption of Possession and Assisting Under Section 11(1)(c) Agent Provocateur Evidence Forensic Evidence and Chain of Custody Admissibility of Documents and Duplicates +1 more

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Parties

Public Prosecutor

Prosecution

Ong Choon Keong

Accused

Procedural Posture

Criminal Offence Under Common Gaming House Act 1953 / Magistrates Court Trial, Conviction and Sentencing; Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether exhibit P6 was identified as an illegal lottery ticket and any discrepancy in expert evidence
  2. 2 Whether possession of P6 was proved to be by the accused given initial possession by the agent provocateur
  3. 3 Whether forensic report P12 was necessary for the gaming expert's identification of P6

Ratio Decidendi

The court accepted the agent provocateur's testimony (PW2), the gaming expert's identification of P6 (PW4) and corroborating circumstantial evidence (P7, P8) to trigger the statutory presumption under section 11(1)(c); the accused failed to rebut that presumption on balance of probabilities, and procedural delays or non‑examination of certain devices did not break the chain of evidence, therefore the prosecution proved the offence beyond reasonable doubt.

Court Disposition

Accused convicted under section 4A(a) read with section 11(1)(c) Common Gaming House Act 1953; sentenced to imprisonment and fine; stay of execution on imprisonment pending appeal granted.

Orders

  • Convicted of offence as charged under section 4A(a) Common Gaming House Act 1953 read with section 11(1)(c)
  • Sentenced to 2 months imprisonment from 23/10/2020