[Timbalan (TPR), Jabatan Peguam Negara] LOKE SEEN YOONG

[Timbalan (TPR), Jabatan Peguam Negara] LOKE SEEN YOONG

Evidence established physical possession and proximity (packet in trouser pocket and bag beside driver in car owned and driven by accused), chemist confirmed meth and chain of custody was intact, statutory presumption of trafficking applied to 191.6g and accused failed to rebut it on balance of probabilities; guilty verdict and concurrent custodial sentences follow.

Citation
WA-45A-25-03/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Loke Seen Yoong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 January 2024
Case Number
WA-45A-25-03/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment and Sentencing
Outcome
Accused found guilty on both charges; convicted and sentenced
Legal Topics
Drug Trafficking, Possession of Dangerous Drugs, Statutory Presumption of Trafficking, Chain of Custody, Expert Chemical Analysis
Source Language
Malay/English
Criminal Law Drug Law Criminal Procedure Evidence Law Drug Trafficking Possession of Dangerous Drugs Statutory Presumption of Trafficking Chain of Custody +1 more

Case Brief

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Parties

Public Prosecutor

Prosecutor

Loke Seen Yoong

Accused

Procedural Posture

Criminal Trial / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused was in possession of the drugs
  2. 2 Whether the accused had knowledge of the nature of the drugs (mens rea)
  3. 3 Whether statutory presumption of trafficking under section 37(da)(xvi) DDA applies and was rebutted

Ratio Decidendi

Evidence established physical possession and proximity (packet in trouser pocket and bag beside driver in car owned and driven by accused), chemist confirmed meth and chain of custody was intact, statutory presumption of trafficking applied to 191.6g and accused failed to rebut it on balance of probabilities; guilty verdict and concurrent custodial sentences follow.

Court Disposition

Accused found guilty on both charges; convicted and sentenced

Orders

  • Convicted of trafficking meth (191.6g) under section 39B(1)(a) DDA and sentenced to 30 years imprisonment pursuant to section 39B(2); sentence to run from date of arrest 23/07/2020
  • Convicted of possession of meth (4.41g) under section 12(2) DDA and sentenced to 1 year imprisonment under section 12(3); sentence to run concurrently with 30‑year term