LIM KOK KHENG

LIM KOK KHENG

Court accepted chemical analysis establishing identity and quantity of drugs but held prosecution failed to prove accused's possession because there was insufficient evidence of control and knowledge over the bag found in the vehicle; statutory presumption under s37(da) ADB was inapplicable in absence of proven possession; therefore no prima facie case for Pertuduhan 1, 2 and 4 and accused is discharged and acquitted on those charges.

Citation
BA-45-37-12/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Lim Kok Kheng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 August 2023
Case Number
BA-45-37-12/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Close of Prosecution Case Decision on Prima Facie
Outcome
Accused discharged and acquitted on Pertuduhan 1, Pertuduhan 2 and Pertuduhan 4 for failure of prosecution to establish a prima facie case; Pertuduhan 3 had been previously admitted by accused and resulted in conviction and sentence of 5 years imprisonment and RM10,000 fine.
Legal Topics
Possession, Trafficking, Prima Facie Test, Chain of Custody, Expert Evidence, Statutory Presumptions
Source Language
Malay/English
Criminal Law Narcotics Law Poisons Regulation Evidence and Procedure Possession Trafficking Prima Facie Test Chain of Custody +2 more

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Parties

Pendakwa Raya

Prosecution

Lim Kok Kheng

Accused

Procedural Posture

Criminal Trial / Close of Prosecution Case Decision on Prima Facie

Legal Issues

  1. 1 Whether prosecution proved prima facie case for Pertuduhan 1 (methamphetamine), Pertuduhan 2 (MDMA) and Pertuduhan 4 (flubromazolam)
  2. 2 Whether accused had physical control and knowledge (possession) of drugs found in Mont Blanc bag in vehicle
  3. 3 Whether statutory presumption under s37(da) Dangerous Drugs Act applies to establish trafficking

Ratio Decidendi

Court accepted chemical analysis establishing identity and quantity of drugs but held prosecution failed to prove accused's possession because there was insufficient evidence of control and knowledge over the bag found in the vehicle; statutory presumption under s37(da) ADB was inapplicable in absence of proven possession; therefore no prima facie case for Pertuduhan 1, 2 and 4 and accused is discharged and acquitted on those charges.

Court Disposition

Accused discharged and acquitted on Pertuduhan 1, Pertuduhan 2 and Pertuduhan 4 for failure of prosecution to establish a prima facie case; Pertuduhan 3 had been previously admitted by accused and resulted in conviction and sentence of 5 years imprisonment and RM10,000 fine.

Orders

  • Discharge and acquittal of Lim Kok Kheng on Pertuduhan 1 (methamphetamine), Pertuduhan 2 (MDMA) and Pertuduhan 4 (flubromazolam)
  • Record: Pertuduhan 3 previously convicted following plea; sentence imposed: imprisonment 5 years and fine RM10,000 (default 3 months imprisonment)