[Polis Diraja Malaysia (PDRM)] YAP KIT SEONG

[Polis Diraja Malaysia (PDRM)] YAP KIT SEONG

The court found that prosecution proved identity, unbroken chain of custody, accused's physical control of the room containing packaged drugs, and accused's knowledge (inference from conduct and DNA on clothing). The methamphetamine quantity (423.29g) invoked the statutory presumption of trafficking under s37(da)(xvi) ADB 1952 which the accused failed to rebut because the personal consumption defence lacked corroborative evidence; therefore convictions for trafficking and possession were entered and appropriate concurrent sentences imposed.

Citation
BA-45A-31-02/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused/defendant: Yap Kit Seong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 March 2025
Case Number
BA-45A-31-02/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / Judgment and Sentencing
Outcome
Accused convicted on count of trafficking (s39B(1)(a) Dangerous Drugs Act 1952) and convicted on two counts under s12(2) Dangerous Drugs Act 1952 (possession).
Legal Topics
Possession, Trafficking/distribution, Chain of Custody, Presumption of Trafficking, Defense of Personal Consumption, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Trafficking/distribution Chain of Custody Presumption of Trafficking Defense of Personal Consumption +1 more

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Parties

Pendakwa Raya

Prosecution

Yap Kit Seong

Accused/defendant

Procedural Posture

Criminal Dangerous Drugs / Judgment and Sentencing

Legal Issues

  1. 1 Identity of seized substances
  2. 2 Whether accused had possession/control of the drugs
  3. 3 Whether accused had knowledge of the drugs

Ratio Decidendi

The court found that prosecution proved identity, unbroken chain of custody, accused's physical control of the room containing packaged drugs, and accused's knowledge (inference from conduct and DNA on clothing). The methamphetamine quantity (423.29g) invoked the statutory presumption of trafficking under s37(da)(xvi) ADB 1952 which the accused failed to rebut because the personal consumption defence lacked corroborative evidence; therefore convictions for trafficking and possession were entered and appropriate concurrent sentences imposed.

Court Disposition

Accused convicted on count of trafficking (s39B(1)(a) Dangerous Drugs Act 1952) and convicted on two counts under s12(2) Dangerous Drugs Act 1952 (possession).

Orders

  • Sentence for trafficking under s39B(1)(a): 30 years imprisonment from date of arrest and 12 strokes of the rotan.
  • Sentence for possession count P5: 4 years imprisonment from date of arrest.