CHAI MEE CHEE

CHAI MEE CHEE

Prosecution established beyond reasonable doubt that the seized cigarettes were prohibited imports and that the accused was knowingly conveying them with intent to defraud customs; statutory presumptions under s.119 and s.135(2) applied and the accused failed to rebut them on the balance of probabilities; accused convicted under s.135(1)(e) Customs Act 1967 and sentenced accordingly.

Citation
TA-83-117-04/2019 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya (Royal Malaysian Customs Prosecution); Accused: Chai Mee Chee
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 April 2022
Case Number
TA-83-117-04/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Customs Offence (import Prohibition and Smuggling) / Trial Judgment and Sentencing
Outcome
Accused convicted and sentenced
Legal Topics
Import Prohibition, Smuggling of Cigarettes, Presumptions Under S.119 and S.135(2) Customs Act 1967, Forfeiture and Valuation, Innocent Carrier Defence, Sentencing
Source Language
Malay/English
Customs Law Criminal Law Evidence Law Import Prohibition Smuggling of Cigarettes Presumptions Under S.119 and S.135(2) Customs Act 1967 Forfeiture and Valuation Innocent Carrier Defence +1 more

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Parties

Pendakwa Raya (Royal Malaysian Customs Prosecution)

Prosecution

Chai Mee Chee

Accused

Procedural Posture

Criminal Customs Offence (import Prohibition and Smuggling) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the seized goods were prohibited imports
  2. 2 Whether the accused knowingly conveyed prohibited goods
  3. 3 Whether the accused had intention to defraud the government of customs duties

Ratio Decidendi

Prosecution established beyond reasonable doubt that the seized cigarettes were prohibited imports and that the accused was knowingly conveying them with intent to defraud customs; statutory presumptions under s.119 and s.135(2) applied and the accused failed to rebut them on the balance of probabilities; accused convicted under s.135(1)(e) Customs Act 1967 and sentenced accordingly.

Court Disposition

Accused convicted and sentenced

Orders

  • Accused sentenced to 3 years imprisonment commencing from date of conviction (21 April 2022)
  • Under s.119A Customs Act 1967 accused ordered to pay customs duty of MYR 116000 to Director General of Customs; failing payment, to serve 6 months imprisonment under s.283 CPC