[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

Circumstantial evidence established that accused had control of the premises and thus mens rea possession of the drugs beyond reasonable doubt, but the statutory presumption of trafficking under s.37(da) was successfully rebutted due to absence of overt acts of distribution and a break in chain of custody regarding the Lazada box; therefore conviction is for possession rather than trafficking.

Citation
WA-45-24-04/2022 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Ng Boon Kian; Accused: Mohammad Hafiz Cheah bin Abdullah; Accused: Hu Rong; Accused: Tan Oanh Tuyen
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 August 2025
Case Number
WA-45-24-04/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment and Sentencing
Outcome
OKT1 (Ng Boon Kian) and OKT2 (Mohammad Hafiz Cheah bin Abdullah) convicted of multiple counts of possession of dangerous drugs and poison; OKT3 (Hu Rong) and OKT4 (Tan Oanh Tuyen) acquitted and discharged; trafficking charge reduced to possession for OKT1 and OKT2.
Legal Topics
Possession Versus Trafficking, Presumption of Trafficking S.37(da) DDA, Rebuttal of Statutory Presumption, Circumstantial Evidence and Mens Rea Possession, Chain of Custody, Sentencing (imprisonment and Whipping)
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Poisons Regulation Possession Versus Trafficking Presumption of Trafficking S.37(da) DDA Rebuttal of Statutory Presumption Circumstantial Evidence and Mens Rea Possession +2 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Ng Boon Kian

Accused

Mohammad Hafiz Cheah bin Abdullah

Accused

Hu Rong

Accused

Tan Oanh Tuyen

Accused

Procedural Posture

Criminal Trial / Judgment and Sentencing

Legal Issues

  1. 1 Whether accused had physical possession and knowledge of the drugs
  2. 2 Whether presumption of trafficking under section 37(da) of the DDA applied and was rebutted
  3. 3 Whether prosecution proved trafficking beyond reasonable doubt

Ratio Decidendi

Circumstantial evidence established that accused had control of the premises and thus mens rea possession of the drugs beyond reasonable doubt, but the statutory presumption of trafficking under s.37(da) was successfully rebutted due to absence of overt acts of distribution and a break in chain of custody regarding the Lazada box; therefore conviction is for possession rather than trafficking.

Court Disposition

OKT1 (Ng Boon Kian) and OKT2 (Mohammad Hafiz Cheah bin Abdullah) convicted of multiple counts of possession of dangerous drugs and poison; OKT3 (Hu Rong) and OKT4 (Tan Oanh Tuyen) acquitted and discharged; trafficking charge reduced to possession for OKT1 and OKT2.

Orders

  • OKT1: First charge (possession of 911.57g meth) convicted under DDA s.12(2)/s.39A(2) – 12 years imprisonment and 10 strokes whipping.
  • OKT1: Second charge (possession of 20.14g meth) – 3 years imprisonment and 3 strokes whipping.