LEE ZI KANG

LEE ZI KANG

On the totality of credible evidence the prosecution proved beyond reasonable doubt that the exhibits were methamphetamine (net 15.63g), that the exhibits were found in a tin inside a sling bag worn by the accused (establishing control/possession) and that the accused had knowledge; the chain of custody was properly established and unbroken; the defence claim of third‑party ownership was uncorroborated and the Alcontara particulars were insufficient; accordingly the accused was convicted under Section 12(2) Dangerous Drugs Act 1952 (punishable under s39A(1)) and sentenced to 28 months imprisonment and 3 strokes.

Citation
JA-83D-3792-07/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused/applicant: Lee Zi Kang
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
15 April 2025
Case Number
JA-83D-3792-07/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Possession (dangerous Drugs Act 1952) / Trial and Sentencing (magistrate Judgment)
Outcome
Convicted under Section 12(2) Dangerous Drugs Act 1952 (punishable under Section 39A(1)); sentenced to 28 months' imprisonment and 3 strokes of the cane.
Legal Topics
Possession and Knowledge, Chain of Custody, Prima Facie Burden, Alcontara Notice, Expert Forensic Evidence, Sentencing Principles
Source Language
Malay/English
Criminal Law Drug Control Law Evidence Law Procedural Law Possession and Knowledge Chain of Custody Prima Facie Burden Alcontara Notice +2 more

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Parties

Pendakwa Raya

Prosecution

Lee Zi Kang

Accused/applicant

Procedural Posture

Criminal Drug Possession (dangerous Drugs Act 1952) / Trial and Sentencing (magistrate Judgment)

Legal Issues

  1. 1 Whether prosecution proved prima facie and ultimately beyond reasonable doubt that the accused had possession, control and knowledge of the drugs
  2. 2 Whether chain of custody of exhibits was intact
  3. 3 Whether the defence Alcontara notice and identity of alleged third party (Teck Xiao Meng) was adequate and supported

Ratio Decidendi

On the totality of credible evidence the prosecution proved beyond reasonable doubt that the exhibits were methamphetamine (net 15.63g), that the exhibits were found in a tin inside a sling bag worn by the accused (establishing control/possession) and that the accused had knowledge; the chain of custody was properly established and unbroken; the defence claim of third‑party ownership was uncorroborated and the Alcontara particulars were insufficient; accordingly the accused was convicted under Section 12(2) Dangerous Drugs Act 1952 (punishable under s39A(1)) and sentenced to 28 months imprisonment and 3 strokes.

Court Disposition

Convicted under Section 12(2) Dangerous Drugs Act 1952 (punishable under Section 39A(1)); sentenced to 28 months' imprisonment and 3 strokes of the cane.

Orders

  • Accused convicted as charged under Section 12(2) Dangerous Drugs Act 1952
  • Sentence: 28 months imprisonment