[ ] 1. ) Yap Yee Meng 2. ) Miss Tanyaporn Kakham

[ ] 1. ) Yap Yee Meng 2. ) Miss Tanyaporn Kakham

Court found prosecution proved a prima facie case and proved beyond reasonable doubt that first accused had possession and knowledge of drugs found inside the bathroom (convicted on possession counts supported by s.37(d) presumption); prosecution failed to prove that first accused had custody, control or knowledge of drugs found on the roof because defence raised reasonable doubt via discrepancies in photographs and an alternative account, and therefore first accused was acquitted on counts relating to roof items; second accused was acquitted on all counts for lack of mens rea and absence of evidence of control.

Citation
BA-45-17-05/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant (first): Yap Yee Meng; Defendant (second): Miss Tanyaporn Kakham
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 January 2023
Case Number
BA-45-17-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Trial: Judgment on Prosecution Case; Convictions on Possession Counts; Sentencing Pending
Outcome
First accused (Yap Yee Meng): convicted on possession counts relating to items found inside bathroom (45-15-05/2019 two counts; 45-16-05/2019 one count); acquitted and discharged on counts relating to drugs found on roof and on trafficking counts (45-17-05/2019 (two counts), 45A-36-05/2019, 45A-37-05/2019). Second...
Legal Topics
Possession of Controlled Drugs, Drug Trafficking, Presumption of Knowledge Under Section 37(d) ADB 1952, Joint Liability Under Section 34 Penal Code, Prima Facie Standard, Forensic Chemical Analysis
Source Language
Malay/English
Criminal Law Narcotics/drug Law Evidence Law Possession of Controlled Drugs Drug Trafficking Presumption of Knowledge Under Section 37(d) ADB 1952 Joint Liability Under Section 34 Penal Code Prima Facie Standard +1 more

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Parties

Pendakwa Raya

Prosecution

Yap Yee Meng

Defendant (first)

Miss Tanyaporn Kakham

Defendant (second)

Procedural Posture

Criminal Trial / Trial: Judgment on Prosecution Case; Convictions on Possession Counts; Sentencing Pending

Legal Issues

  1. 1 Whether prosecution proved prima facie case against each accused
  2. 2 Whether possession, control and knowledge (mens rea) under s.37(d) ADB 1952 were established
  3. 3 Whether joint liability under s.34 Penal Code was proved

Ratio Decidendi

Court found prosecution proved a prima facie case and proved beyond reasonable doubt that first accused had possession and knowledge of drugs found inside the bathroom (convicted on possession counts supported by s.37(d) presumption); prosecution failed to prove that first accused had custody, control or knowledge of drugs found on the roof because defence raised reasonable doubt via discrepancies in photographs and an alternative account, and therefore first accused was acquitted on counts relating to roof items; second accused was acquitted on all counts for lack of mens rea and absence of evidence of control.

Court Disposition

First accused (Yap Yee Meng): convicted on possession counts relating to items found inside bathroom (45-15-05/2019 two counts; 45-16-05/2019 one count); acquitted and discharged on counts relating to drugs found on roof and on trafficking counts (45-17-05/2019 (two counts), 45A-36-05/2019, 45A-37-05/2019). Second...

Orders

  • First accused convicted on possession offences: 45-15-05/2019 (two counts) and 45-16-05/2019 (one count); to be sentenced (sentencing pending)
  • First accused acquitted and discharged on counts 45-17-05/2019 (two counts), 45A-36-05/2019 and 45A-37-05/2019