PENDAKWARAYA Pejabat Pendakwaan Wilayah Persekutuan Kuala Lumpur Cheong Kim Hui

PENDAKWARAYA Pejabat Pendakwaan Wilayah Persekutuan Kuala Lumpur Cheong Kim Hui

The accused was convicted because the prosecution proved on maximum evaluation that the seized items were dangerous drugs (chemical analysis), the accused had custody/control (seated alone in vehicle and handed the bag to the officer) and failed to rebut the statutory presumption of knowledge under s37(d) on the balance of probabilities; the oral admission to a corporal was admissible for knowledge because no arrest had occurred at that point and chain of custody remained intact; defenses (unknown friend, lack of fingerprints/CCTV) were deemed afterthoughts and insufficient to create reasonable doubt.

Citation
WA-83D-9286-09/2019 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused/defendant: Cheong Kim Hui
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 September 2021
Case Number
WA-83D-9286-09/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs / Trial Conviction and Sentencing
Outcome
Accused found guilty on both counts. Convicted under s39A(1) DDA (MDMA) and s12(3) DDA (Ketamine).
Legal Topics
Possession of Controlled Substances, Statutory Presumptions (s37(d) Dda), Admissibility of Statements, Definition and Timing of Arrest, Chain of Custody, Sentencing Principles
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession of Controlled Substances Statutory Presumptions (s37(d) Dda) Admissibility of Statements Definition and Timing of Arrest Chain of Custody +1 more

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Parties

Pendakwa Raya

Prosecution

Cheong Kim Hui

Accused/defendant

Procedural Posture

Criminal Dangerous Drugs / Trial Conviction and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved possession of MDMA and Ketamine
  2. 2 Admissibility and weight of the accused's oral admission absent formal caution
  3. 3 Application and rebuttal of statutory presumption under s37(d) Dangerous Drugs Act 1952

Ratio Decidendi

The accused was convicted because the prosecution proved on maximum evaluation that the seized items were dangerous drugs (chemical analysis), the accused had custody/control (seated alone in vehicle and handed the bag to the officer) and failed to rebut the statutory presumption of knowledge under s37(d) on the balance of probabilities; the oral admission to a corporal was admissible for knowledge because no arrest had occurred at that point and chain of custody remained intact; defenses (unknown friend, lack of fingerprints/CCTV) were deemed afterthoughts and insufficient to create reasonable doubt.

Court Disposition

Accused found guilty on both counts. Convicted under s39A(1) DDA (MDMA) and s12(3) DDA (Ketamine).

Orders

  • Convicted under section 39A(1) Dangerous Drugs Act 1952 and sentenced to 40 months imprisonment from 30 September 2021 and four strokes of the rattan.
  • Convicted under section 12(3) Dangerous Drugs Act 1952 and sentenced to 18 months imprisonment from 30 September 2021.