CHAI SOON PENG [ ]

CHAI SOON PENG [ ]

Prosecution failed to prove beyond reasonable doubt that appellant had knowledge that the goods were prohibited imports; the trial judge erred in relying on the sole officer's account of an admission and failed properly to assess appellant's conduct and other evidence; the presumption under s.135(2) was rebutted on balance of probabilities and the conviction and sentence were therefore unsafe and set aside.

Citation
PB-41S-5-04/2022 (Mahkamah Tinggi)
Parties
Appellant: Chai Soon Peng; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 September 2023
Case Number
PB-41S-5-04/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
Appeal allowed; conviction and sentence set aside; appellant acquitted and discharged.
Legal Topics
Knowledge Element of Offence, Presumption Under S.135(2) Customs Act 1967, Appellate Review of Factual Findings, Forfeiture Under S.127 Customs Act, Classification/penjenisan of Goods
Source Language
Malay/English
Customs Law Criminal Law Evidence Law Knowledge Element of Offence Presumption Under S.135(2) Customs Act 1967 Appellate Review of Factual Findings Forfeiture Under S.127 Customs Act Classification/penjenisan of Goods

Case Brief

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Parties

Chai Soon Peng

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether seized goods constituted prohibited imports under the Customs (Prohibition on Import) Order 2017
  2. 2 Whether appellant knowingly transported prohibited goods as required under s.135(1)(e) Customs Act 1967
  3. 3 Whether the trial judge erred in finding knowledge from the sole testimony of an officer and alleged admission

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that appellant had knowledge that the goods were prohibited imports; the trial judge erred in relying on the sole officer's account of an admission and failed properly to assess appellant's conduct and other evidence; the presumption under s.135(2) was rebutted on balance of probabilities and the conviction and sentence were therefore unsafe and set aside.

Court Disposition

Appeal allowed; conviction and sentence set aside; appellant acquitted and discharged.

Orders

  • Appeal allowed
  • Conviction and sentence by Magistrate quashed