LIM WAI WANG

LIM WAI WANG

The court found the prosecution proved all essential elements: the seized items were dangerous drugs as per chemical analysis, the accused was in possession and control (seen holding the box, drugs located in the car he used), the quantity and packaging supported an inference of trafficking, chain of custody was maintained and exhibits were positively identified, and the defence failed to raise reasonable doubt; therefore the accused was guilty and sentenced according to statutory penalties including mandatory death for specified trafficking counts and imprisonment for the methamphetamine count.

Citation
CA-45A-11-10/2017 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Lim Wai Wang; Co Accused (deceased): Low Chin Seong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 November 2021
Case Number
CA-45A-11-10/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal (dangerous Drugs) / Judgment and Sentencing
Outcome
Accused Lim Wai Wang convicted on charges P3, P4 and P50
Legal Topics
Trafficking, Possession, Common Intention, Prima Facie Burden, Chain of Custody, Admissibility of Expert Evidence, Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Forensic Science Trafficking Possession Common Intention Prima Facie Burden +3 more

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Parties

Pendakwa Raya

Prosecution

Lim Wai Wang

Accused

Low Chin Seong

Co Accused (deceased)

Procedural Posture

Criminal (dangerous Drugs) / Judgment and Sentencing

Legal Issues

  1. 1 Whether the seized substances were dangerous drugs as charged
  2. 2 Whether the accused had possession, control and knowledge of the drugs
  3. 3 Whether the quantity and circumstances established trafficking rather than personal consumption

Ratio Decidendi

The court found the prosecution proved all essential elements: the seized items were dangerous drugs as per chemical analysis, the accused was in possession and control (seen holding the box, drugs located in the car he used), the quantity and packaging supported an inference of trafficking, chain of custody was maintained and exhibits were positively identified, and the defence failed to raise reasonable doubt; therefore the accused was guilty and sentenced according to statutory penalties including mandatory death for specified trafficking counts and imprisonment for the methamphetamine count.

Court Disposition

Accused Lim Wai Wang convicted on charges P3, P4 and P50

Orders

  • Count P3 (8.7 g Heroin and 14.4 g Monoacetylmorphine): mandatory death sentence by hanging
  • Count P4 (2.2 g Methamphetamine): three years imprisonment to run from date of arrest