BOO CHERK SIANG

BOO CHERK SIANG

Prosecution proved identity and weight of the drug and that the accused had custody and control of the vehicle and shoe containing 166.2g methamphetamine; accused’s conduct and owner’s testimony made alternative explanations improbable; statutory presumption of trafficking under s.37(da) applied and accused failed to rebut it on the balance of probabilities, warranting conviction and sentence.

Citation
JB-45A-14-10/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Boo Cherk Siang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 July 2025
Case Number
JB-45A-14-10/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal / Trial — Conviction and Sentencing
Outcome
Guilty (convicted)
Legal Topics
Trafficking, Possession, Presumption of Trafficking, Chain of Custody, Admissibility of Conduct, Forensic Evidence (dna/fingerprint), Sentencing
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Trafficking Possession Presumption of Trafficking Chain of Custody Admissibility of Conduct +2 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Boo Cherk Siang

Accused

Procedural Posture

Criminal / Trial — Conviction and Sentencing

Legal Issues

  1. 1 Identity and weight of drugs
  2. 2 Possession (custody and control)
  3. 3 Knowledge (animus possidendi)

Ratio Decidendi

Prosecution proved identity and weight of the drug and that the accused had custody and control of the vehicle and shoe containing 166.2g methamphetamine; accused’s conduct and owner’s testimony made alternative explanations improbable; statutory presumption of trafficking under s.37(da) applied and accused failed to rebut it on the balance of probabilities, warranting conviction and sentence.

Court Disposition

Guilty (convicted)

Orders

  • Convicted under Section 39B(1)(a) Dangerous Drugs Act 1952
  • Sentence: life imprisonment (treated as 30 years) to run from date of arrest