[Timbalan (TPR), Jabatan Peguam Negara] 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU. RONG 4. ) TAN OANH TUYEN

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU. RONG 4. ) TAN OANH TUYEN

The court found beyond reasonable doubt that OKT1 and OKT2 had mens rea possession of the drugs by virtue of control of the rented premises, tenancy evidence and CCTV linking OKT1 to the Lazada box, but the presumption of trafficking was successfully rebutted due to absence of overt acts of distribution and a break in chain of custody for the box; therefore trafficking was not proven but possession under s12(2) DDA (and Poisons Act for flubromazolam) was proven and warranted conviction and appropriate sentences.

Citation
WA-45-23-04/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused 1: Ng Boon Kian; Accused 2: Mohammad Hafiz Cheah bin Abdullah; Accused 3: Hu Rong; Accused 4: Tan Oanh Tuyen
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 August 2025
Case Number
WA-45-23-04/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment and Sentencing
Outcome
OKT1 and OKT2 convicted of possession offences under the Dangerous Drugs Act 1952 and Poisons Act 1952; OKT3 and OKT4 acquitted and discharged; OKT1 sentenced as below; presumption of trafficking in respect of P2 rebutted and charge reduced to possession.
Legal Topics
Possession of Dangerous Drugs, Trafficking and Statutory Presumption, Mens Rea and Control of Premises, Chain of Custody, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Poisons Law Criminal Procedure Possession of Dangerous Drugs Trafficking and Statutory Presumption Mens Rea and Control of Premises Chain of Custody +1 more

Case Brief

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Parties

Public Prosecutor

Prosecutor

Ng Boon Kian

Accused 1

Mohammad Hafiz Cheah bin Abdullah

Accused 2

Hu Rong

Accused 3

Tan Oanh Tuyen

Accused 4

Procedural Posture

Criminal Trial / Judgment and Sentencing

Legal Issues

  1. 1 Whether accused had possession with knowledge of the drugs found at the premises
  2. 2 Whether the statutory presumption of trafficking under s37(da)(xvi) DDA applied or was rebutted
  3. 3 Whether the prosecution proved trafficking (overt acts) beyond reasonable doubt

Ratio Decidendi

The court found beyond reasonable doubt that OKT1 and OKT2 had mens rea possession of the drugs by virtue of control of the rented premises, tenancy evidence and CCTV linking OKT1 to the Lazada box, but the presumption of trafficking was successfully rebutted due to absence of overt acts of distribution and a break in chain of custody for the box; therefore trafficking was not proven but possession under s12(2) DDA (and Poisons Act for flubromazolam) was proven and warranted conviction and appropriate sentences.

Court Disposition

OKT1 and OKT2 convicted of possession offences under the Dangerous Drugs Act 1952 and Poisons Act 1952; OKT3 and OKT4 acquitted and discharged; OKT1 sentenced as below; presumption of trafficking in respect of P2 rebutted and charge reduced to possession.

Orders

  • Conviction: Ng Boon Kian (OKT1) guilty of possession of 911.57 grams methamphetamine (s12(2) DDA read with s39A(2) DDA and s34 Penal Code)
  • Conviction: Ng Boon Kian (OKT1) guilty of possession of 20.14 grams methamphetamine (s12(2) DDA read with s39A(1) DDA and s34 Penal Code)