1. ) LIM WAI WANG 2. ) LOW CHIN SEONG

1. ) LIM WAI WANG 2. ) LOW CHIN SEONG

Court found prosecution established all essential elements: exhibits were dangerous drugs as per chemical analysis; accused had possession, knowledge and control of the exhibits; quantities and packaging supported inference of trafficking; chain of custody was continuous and unbroken; common intention with co-accused proven. Defence failed to raise reasonable doubt. Accordingly accused convicted on P3, P4 and P50 and sentenced as set out.

Citation
CA-45A-13-10/2017 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Lim Wai Wang; Deceased Co Accused: Low Chin Seong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 November 2021
Case Number
CA-45A-13-10/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Accused convicted on charges P3, P4 and P50.
Legal Topics
Possession, Trafficking, Chain of Custody, Forensic Analysis, Common Intention, Prima Facie Assessment
Source Language
Malay/English
Criminal Law Drug Offences Evidence Possession Trafficking Chain of Custody Forensic Analysis Common Intention +1 more

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Parties

Pendakwa Raya

Prosecution

Lim Wai Wang

Accused

Low Chin Seong

Deceased Co Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether accused had possession and control of the drugs found
  2. 2 Whether the quantity and circumstances establish trafficking/intent to distribute
  3. 3 Whether prosecution proved chain of custody of exhibits

Ratio Decidendi

Court found prosecution established all essential elements: exhibits were dangerous drugs as per chemical analysis; accused had possession, knowledge and control of the exhibits; quantities and packaging supported inference of trafficking; chain of custody was continuous and unbroken; common intention with co-accused proven. Defence failed to raise reasonable doubt. Accordingly accused convicted on P3, P4 and P50 and sentenced as set out.

Court Disposition

Accused convicted on charges P3, P4 and P50.

Orders

  • Accused sentenced to death (mandatory) by hanging for charge P3 (8.7g Heroin and 14.4g Monoacetylmorphines).
  • Accused sentenced to 3 years imprisonment for charge P4 (2.2g Methamphetamine), sentence to run from date of arrest.