[ ] Saik Siew Chye

[ ] Saik Siew Chye

The prosecution failed to prove beyond reasonable doubt that the accused had the requisite custody, control and knowledge of the drugs; the accused gave a plausible explanation corroborated by evidence (rental by Alex, inspection of contents), investigative failures (failure to trace or call Alex and other material witnesses) and adverse inferences against the prosecution undermined its case; doctrine of wilful blindness did not apply; therefore the presumption of trafficking was rebutted and the accused must be acquitted.

Citation
WA-45A-33-02/2022 (Mahkamah Tinggi)
Parties
Appellant / Perayu: Pendakwa Raya; Respondent / Accused: Saik Siew Chye
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 October 2023
Case Number
WA-45A-33-02/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Acquittal From Trial Court (acquittal and Discharge)
Outcome
Accused acquitted and discharged
Legal Topics
Possession, Trafficking, Willful Blindness, Presumption Under S37(da) DDA, Adverse Inference Under S114(g) Evidence Act, Common Intention S34 Penal Code
Source Language
Malay/English
Criminal Law Drug Offences Evidence Possession Trafficking Willful Blindness Presumption Under S37(da) DDA Adverse Inference Under S114(g) Evidence Act +1 more

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Parties

Pendakwa Raya

Appellant / Perayu

Saik Siew Chye

Respondent / Accused

Procedural Posture

Criminal Appeal / Appeal Against Acquittal From Trial Court (acquittal and Discharge)

Legal Issues

  1. 1 Whether accused had custody, control and knowledge of the drugs
  2. 2 Whether the presumption of trafficking under s37(da) of the Dangerous Drugs Act 1952 was rebutted
  3. 3 Whether doctrine of wilful blindness applied

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused had the requisite custody, control and knowledge of the drugs; the accused gave a plausible explanation corroborated by evidence (rental by Alex, inspection of contents), investigative failures (failure to trace or call Alex and other material witnesses) and adverse inferences against the prosecution undermined its case; doctrine of wilful blindness did not apply; therefore the presumption of trafficking was rebutted and the accused must be acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Saik Siew Chye is acquitted and discharged
  • Judgment dated 4 April 2024 delivered by Dato' Ahmad bin Bache, Criminal High Court 1 Kuala Lumpur