[Timbalan (TPR), Jabatan Peguam Negara] 1. ) Michael Ting Siew Su 2. ) Robinson Anak Sumping

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) Michael Ting Siew Su 2. ) Robinson Anak Sumping

The court found the prosecution established physical possession and the presumption of trafficking arose, but on full evaluation the second accused raised a reasonable doubt as to knowledge and common intention and was acquitted; the first accused had mens rea possession but the evidential link pointed to a third party (Dang Chee Ho) as the principal trafficker so trafficking was not proved beyond reasonable doubt and the first accused was convicted of the lesser offence of possession under s12(2) DDA read with s39A(2) and sentenced accordingly.

Citation
WA-45A-4-02/2021 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Michael Ting Siew Su; Accused: Robinson anak Sumping
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 April 2025
Case Number
WA-45A-4-02/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / Judgment and Sentencing
Outcome
First accused Michael Ting Siew Su convicted of lesser offence of possession of dangerous drug (s12(2) DDA read with s39A(2)); sentenced to 15 years imprisonment and 10 strokes. Second accused Robinson anak Sumping acquitted and discharged.
Legal Topics
Drug Trafficking, Possession, Common Intention, Presumption of Trafficking, Sentencing
Source Language
Malay/English
Criminal Law Dangerous Drugs Law Evidence Law Drug Trafficking Possession Common Intention Presumption of Trafficking Sentencing

Case Brief

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Parties

Public Prosecutor

Prosecution

Michael Ting Siew Su

Accused

Robinson anak Sumping

Accused

Procedural Posture

Criminal Dangerous Drugs / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused persons were in possession and had mens rea of the dangerous drugs
  2. 2 Whether the statutory presumption of trafficking under section 37(da) DDA applied and was rebutted
  3. 3 Whether common intention under section 34 PC was established as to both accused

Ratio Decidendi

The court found the prosecution established physical possession and the presumption of trafficking arose, but on full evaluation the second accused raised a reasonable doubt as to knowledge and common intention and was acquitted; the first accused had mens rea possession but the evidential link pointed to a third party (Dang Chee Ho) as the principal trafficker so trafficking was not proved beyond reasonable doubt and the first accused was convicted of the lesser offence of possession under s12(2) DDA read with s39A(2) and sentenced accordingly.

Court Disposition

First accused Michael Ting Siew Su convicted of lesser offence of possession of dangerous drug (s12(2) DDA read with s39A(2)); sentenced to 15 years imprisonment and 10 strokes. Second accused Robinson anak Sumping acquitted and discharged.

Orders

  • First accused Michael Ting Siew Su sentenced to 15 years imprisonment effective from date of arrest 1.7.2020
  • First accused ordered to receive 10 strokes of whipping