PENDAKWARAYA ONG SWEE AN

PENDAKWARAYA ONG SWEE AN

Chemist evidence credibly established the identity and total weights of methamphetamine (5,369.3 g), MDMA (2,121.5 g) and nimetazepam (92.7 g) with proper preservation of exhibits; accused was physically holding the bag containing only those drugs and therefore in possession with knowledge; statutory presumptions of trafficking under s.37(da) applied to the methamphetamine and MDMA charges based on weight and were not rebutted by the defence; there was insufficient evidence to prove trafficking for the nimetazepam so the charge was lawfully amended to possession under s.158 CPC; accordingly accused convicted on two counts of trafficking and one count of possession.

Citation
45A-79-11/2017, 45A-80-11/2017, 45A-81-11/2017 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Ong Swee An
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 October 2019
Case Number
45A-79-11/2017, 45A-80-11/2017, 45A-81-11/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial Judgment (conviction and Sentencing)
Outcome
Accused convicted on three counts: two counts of trafficking (methamphetamine and MDMA) and one amended count of possession (nimetazepam); sentenced to death on each trafficking count and 3 years imprisonment for possession.
Legal Topics
Trafficking, Possession, Knowledge, Statutory Presumption, Chain of Custody and Homogenisation, Amendment of Charge, Credibility of Witnesses, Sentencing
Source Language
Malay/English
Criminal Law Drugs Law Evidence Procedural Law Trafficking Possession Knowledge Statutory Presumption +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 25 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Public Prosecutor

Prosecution

Ong Swee An

Accused

Procedural Posture

Criminal Drug Trafficking / Trial Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether prosecution proved the nature and weight of the seized drugs
  2. 2 Whether the accused was in possession of the drugs
  3. 3 Whether the accused had knowledge of the drugs' contents

Ratio Decidendi

Chemist evidence credibly established the identity and total weights of methamphetamine (5,369.3 g), MDMA (2,121.5 g) and nimetazepam (92.7 g) with proper preservation of exhibits; accused was physically holding the bag containing only those drugs and therefore in possession with knowledge; statutory presumptions of trafficking under s.37(da) applied to the methamphetamine and MDMA charges based on weight and were not rebutted by the defence; there was insufficient evidence to prove trafficking for the nimetazepam so the charge was lawfully amended to possession under s.158 CPC; accordingly accused convicted on two counts of trafficking and one count of possession.

Court Disposition

Accused convicted on three counts: two counts of trafficking (methamphetamine and MDMA) and one amended count of possession (nimetazepam); sentenced to death on each trafficking count and 3 years imprisonment for possession.

Orders

  • Convicted of trafficking 5,369.3 grams Methamphetamine under s.39B(1)(a) Dangerous Drugs Act 1952; sentenced to death under s.39B(2)
  • Convicted of trafficking 2,121.5 grams 3,4-Methylenedioxymethamphetamine under s.39B(1)(a) Dangerous Drugs Act 1952; sentenced to death under s.39B(2)