PENDAKWARAYA PUBLIC PROSECUTOR CHEOK CHUAN HUEI

PENDAKWARAYA PUBLIC PROSECUTOR CHEOK CHUAN HUEI

The court found the chemist's identification and weight of 612.8g methamphetamine proven with an intact chain of custody; the accused was the tenant and sole occupant with exclusive access (demonstrated by fingerprint padlock and DNA on items), opened the safe deposit box and led police to the drugs; these facts supported a finding of possession and knowledge, triggered the rebuttable presumption under s37(da) which the accused failed to rebut on the balance of probabilities, therefore the prosecution proved guilt beyond reasonable doubt and the accused was convicted and sentenced to death.

Citation
WA-45A-23-08/2019 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Cheok Chuan Huei
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 August 2021
Case Number
WA-45A-23-08/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (section 39 B Dangerous Drugs Act 1952) / Trial Judgment (conviction and Sentencing)
Outcome
Guilty of trafficking methamphetamine under section 39B Dangerous Drugs Act 1952; sentenced to death by hanging.
Legal Topics
Drug Trafficking, Possession, Prima Facie Standard, Statutory Presumption Under S37(da), Chain of Custody, Section 180 CPC, Section 182 a CPC
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Procedure Drug Trafficking Possession Prima Facie Standard Statutory Presumption Under S37(da) +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Public Prosecutor

Prosecution

Cheok Chuan Huei

Accused

Procedural Posture

Criminal Drug Trafficking (section 39 B Dangerous Drugs Act 1952) / Trial Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Identity and weight of the seized substance
  2. 2 Whether the accused had possession (custody and control)
  3. 3 Whether the accused had knowledge of the drugs

Ratio Decidendi

The court found the chemist's identification and weight of 612.8g methamphetamine proven with an intact chain of custody; the accused was the tenant and sole occupant with exclusive access (demonstrated by fingerprint padlock and DNA on items), opened the safe deposit box and led police to the drugs; these facts supported a finding of possession and knowledge, triggered the rebuttable presumption under s37(da) which the accused failed to rebut on the balance of probabilities, therefore the prosecution proved guilt beyond reasonable doubt and the accused was convicted and sentenced to death.

Court Disposition

Guilty of trafficking methamphetamine under section 39B Dangerous Drugs Act 1952; sentenced to death by hanging.

Orders

  • Convicted of offence under section 39B Dangerous Drugs Act 1952
  • Sentenced to death by hanging pursuant to section 277 Criminal Procedure Code