[TIMBALAN ] 1. ) JEFFERY WONG CHOW CHUEN 2. ) HONG DE XIAN 3. ) CHEAH WEI SHENG 4. ) AARON FREDRICK D'ALMEIDA 5. ) Nguyen Thi Thu Thao

[TIMBALAN ] 1. ) JEFFERY WONG CHOW CHUEN 2. ) HONG DE XIAN 3. ) CHEAH WEI SHENG 4. ) AARON FREDRICK D'ALMEIDA 5. ) Nguyen Thi Thu Thao

Prosecution failed to prove a prima facie case because of proven defects in chain of custody and investigation, absence of evidence that any accused had exclusive control and knowledge of the seized drugs, and lack of evidence of common intention or overt acts of trafficking; accordingly accuseds discharged and acquitted at the close of prosecution case.

Citation
BA-45A-72-05/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Jeffery Wong Chow Chuen [750818-07-5029]; Accused: Hong De Xian [970309-01-5743]; Accused: Cheah Wei Sheng [830510-10-5535]; Accused: Aaron Fredrick D’Almeida [Passport: K1779011E]; Accused: Nguyen Thi Thu Thao [Passport: C8847623]
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 June 2023
Case Number
BA-45A-72-05/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / End of Prosecution Case (no Prima Facie Found)
Outcome
Accused discharged and acquitted at close of prosecution case; no prima facie case established
Legal Topics
Possession, Trafficking, Chain of Custody, Common Intention, Prima Facie Case, Investigation Failures
Source Language
Malay/English
Criminal Law Drug Law Evidence Forensic Procedure Possession Trafficking Chain of Custody Common Intention +2 more

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Parties

Pendakwa Raya

Prosecutor

Jeffery Wong Chow Chuen [750818-07-5029]

Accused

Hong De Xian [970309-01-5743]

Accused

Cheah Wei Sheng [830510-10-5535]

Accused

Aaron Fredrick D’Almeida [Passport: K1779011E]

Accused

Nguyen Thi Thu Thao [Passport: C8847623]

Accused

Procedural Posture

Criminal Drug Offences / End of Prosecution Case (no Prima Facie Found)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case
  2. 2 Whether accused had possession (control and knowledge) of seized drugs
  3. 3 Whether there was common intention under section 34 Penal Code

Ratio Decidendi

Prosecution failed to prove a prima facie case because of proven defects in chain of custody and investigation, absence of evidence that any accused had exclusive control and knowledge of the seized drugs, and lack of evidence of common intention or overt acts of trafficking; accordingly accuseds discharged and acquitted at the close of prosecution case.

Court Disposition

Accused discharged and acquitted at close of prosecution case; no prima facie case established

Orders

  • Accused discharged and acquitted without being called to make defence
  • Prosecution appeals noted (not an order of this court)