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

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

Court found beyond reasonable doubt that accused had physical and mens rea possession of meth on his person and in his car; weight of 191.6g invoked statutory presumption of trafficking which accused failed to rebut on balance of probabilities; chemist evidence and unbroken chain of custody were credible and unrefuted, therefore conviction on both charges and concurrent sentences imposed.

Citation
WA-45A-25-03/2021 (Mahkamah Tinggi)
Parties
Prosecution: 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 (drug Offences) / Judgment and Sentencing (conviction)
Outcome
Accused convicted on both charges (trafficking and possession)
Legal Topics
Drug Trafficking, Possession of Dangerous Drugs, Statutory Presumption of Trafficking, Chain of Custody, Burden of Proof, Sentencing
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Drug Trafficking Possession of Dangerous Drugs Statutory Presumption of Trafficking Chain of Custody Burden of Proof +1 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Loke Seen Yoong

Accused

Procedural Posture

Criminal (drug Offences) / Judgment and Sentencing (conviction)

Legal Issues

  1. 1 Whether accused had possession and knowledge (mens rea) of methamphetamine found on person and in car
  2. 2 Whether statutory presumption of trafficking under section 37(da)(xvi) DDA applied and was rebutted
  3. 3 Whether chain of custody and chemical analysis were reliable

Ratio Decidendi

Court found beyond reasonable doubt that accused had physical and mens rea possession of meth on his person and in his car; weight of 191.6g invoked statutory presumption of trafficking which accused failed to rebut on balance of probabilities; chemist evidence and unbroken chain of custody were credible and unrefuted, therefore conviction on both charges and concurrent sentences imposed.

Court Disposition

Accused convicted on both charges (trafficking and possession)

Orders

  • Convicted under section 39B(1)(a)/39B(2) DDA of trafficking meth; sentenced to 30 years imprisonment to run from date of arrest 23.7.2020
  • Convicted under section 12(2)/12(3) DDA of possession; sentenced to 1 year imprisonment concurrent with trafficking sentence