PENDAKWARAYA TAN SIEW HEE 741012-07-5965

PENDAKWARAYA TAN SIEW HEE 741012-07-5965

The prosecution proved the charge beyond reasonable doubt by establishing reliable chemist analysis of 15,277.2 grams methamphetamine, an unbroken chain of custody with intact identification marks, direct evidence of the accused removing the bag from the car and his demonstrable reaction on arrest indicating knowledge, and the accused failed to rebut the statutory presumption of trafficking; accordingly convicted and sentenced under s39B(2).

Citation
PA-45A-77-10/2018 (Mahkamah Tinggi)
Parties
Accused: Tan Siew Hee; Prosecutor: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 January 2020
Case Number
PA-45A-77-10/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Judgment (conviction and Sentencing)
Outcome
Accused found guilty and sentenced to death
Legal Topics
Trafficking, Possession, Chain of Custody, Chemist Evidence, Presumptions Under Dangerous Drugs Act, Death Penalty
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedure Sentencing Trafficking Possession Chain of Custody +3 more

Case Brief

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Parties

Tan Siew Hee

Accused

Public Prosecutor

Prosecutor

Procedural Posture

Criminal Drug Trafficking / Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case and proved guilt beyond reasonable doubt
  2. 2 Validity and sufficiency of chemist's analysis and sample representativeness
  3. 3 Integrity of chain of custody and identity of seized substance

Ratio Decidendi

The prosecution proved the charge beyond reasonable doubt by establishing reliable chemist analysis of 15,277.2 grams methamphetamine, an unbroken chain of custody with intact identification marks, direct evidence of the accused removing the bag from the car and his demonstrable reaction on arrest indicating knowledge, and the accused failed to rebut the statutory presumption of trafficking; accordingly convicted and sentenced under s39B(2).

Court Disposition

Accused found guilty and sentenced to death

Orders

  • Accused Tan Siew Hee found guilty of trafficking in a dangerous drug contrary to s39B(1)(a) Dangerous Drugs Act 1952
  • Sentence: death by hanging under s39B(2) Dangerous Drugs Act 1952