TAN KIAN CHEW

TAN KIAN CHEW

Prosecution proved identity and weight of the methamphetamine (707.40 g) by expert analysis, proved possession and mens rea by direct evidence of accused alone in rental car in close proximity to the drugs and his flight from police; statutory presumption of trafficking under s.37(da) thus applied and accused failed...

Source-derived case information.

Citation
JB-45A-18-12/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Tan Kian Chew
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 June 2025
Case Number
JB-45A-18-12/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Trafficking / Judgment and Sentencing
Outcome
Accused found guilty of trafficking under Section 39B(1)(a) Dangerous Drugs Act 1952
Legal Topics
Trafficking Under Dangerous Drugs Act, Presumption of Trafficking (s.37(da)), Possession and Mens Rea, Chain of Custody, Adverse Inference for Unavailable Witness, Flight as Evidential Conduct (s.8–9 Evidence Act), Sentencing Discretion (death Vs Life)
Criminal Law Drug Offences Evidence Law Trafficking Under Dangerous Drugs Act Presumption of Trafficking (s.37(da)) Possession and Mens Rea Chain of Custody Adverse Inference for Unavailable Witness +2 more

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Parties

Pendakwa Raya

Prosecution

Tan Kian Chew

Accused

Procedural Posture

Criminal Trial Drug Trafficking / Judgment and Sentencing

Legal Issues

  1. 1 Identity and weight of seized substance
  2. 2 Whether accused had possession and mens rea
  3. 3 Whether statutory presumption of trafficking applies

Ratio Decidendi

Prosecution proved identity and weight of the methamphetamine (707.40 g) by expert analysis, proved possession and mens rea by direct evidence of accused alone in rental car in close proximity to the drugs and his flight from police; statutory presumption of trafficking under s.37(da) thus applied and accused failed to rebut it on balance of probabilities; chain of custody intact; conviction for trafficking under s.39B(1)(a) DDA upheld and sentence of life imprisonment (30 years) plus 12 strokes imposed.

Court Disposition

Accused found guilty of trafficking under Section 39B(1)(a) Dangerous Drugs Act 1952

Orders

  • Convicted under Section 39B(1)(a) Dangerous Drugs Act 1952
  • Sentenced to life imprisonment (defined as 30 years under Criminal Justice Act 1953 s.3) to run from date of arrest