LEE JUN XIONG

LEE JUN XIONG

Magistrate held prosecution proved all elements of s12(2) DDA beyond reasonable doubt by credible witness testimony and unbroken chain of custody; chemist's identification and net weight of 0.11g was accepted despite lack of quantitative analysis for small sample; s37(d) presumption applied and accused elected to remain silent and failed to rebut, therefore conviction was proper; sentence imposed was a fine of RM9,000 or default 15 months' imprisonment.

Citation
AB-83D-552-06/2020 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused/defendant: Lee Jun Xiong
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 March 2023
Case Number
AB-83D-552-06/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Magistrate Conviction and Sentencing; Appeals Instituted to High Court
Outcome
Accused convicted under section 12(2) Dangerous Drugs Act 1952 and sentenced under section 12(3).
Legal Topics
Possession Under S12 Dangerous Drugs Act, Prima Facie Test at Close of Prosecution, Chemist Evidence and Quantitation, Chain of Custody, Presumption Under S37(d) Dangerous Drugs Act, Sentencing Fine or Default Imprisonment
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Procedural Law Possession Under S12 Dangerous Drugs Act Prima Facie Test at Close of Prosecution Chemist Evidence and Quantitation Chain of Custody +2 more

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Parties

Pendakwa Raya

Prosecutor

Lee Jun Xiong

Accused/defendant

Procedural Posture

Criminal Drug Offence / Magistrate Conviction and Sentencing; Appeals Instituted to High Court

Legal Issues

  1. 1 Whether prosecution proved possession of 0.11g methamphetamine beyond reasonable doubt
  2. 2 Whether failure to perform quantitative chemical analysis fatally undermines prosecution case
  3. 3 Whether chain of custody for exhibit was intact

Ratio Decidendi

Magistrate held prosecution proved all elements of s12(2) DDA beyond reasonable doubt by credible witness testimony and unbroken chain of custody; chemist's identification and net weight of 0.11g was accepted despite lack of quantitative analysis for small sample; s37(d) presumption applied and accused elected to remain silent and failed to rebut, therefore conviction was proper; sentence imposed was a fine of RM9,000 or default 15 months' imprisonment.

Court Disposition

Accused convicted under section 12(2) Dangerous Drugs Act 1952 and sentenced under section 12(3).

Orders

  • Convicted of possession of 0.11g methamphetamine contrary to s12(2) Dangerous Drugs Act 1952 (as amended).
  • Sentenced to a fine of RM9,000.00 and in default of payment to undergo 15 months imprisonment.