CHEW LENG SOON

CHEW LENG SOON

The court found prosecution proved beyond reasonable doubt that the accused had custody, control and knowledge of the seized drugs (direct observation, keys and access, physical contact with a package matching drugs in locked room, unbroken chain of custody and chemist's report); statutory presumption under s.37(da) ADB applied given quantities and the accused failed to rebut it on the balance of probabilities; accordingly conviction for trafficking and possession upheld.

Citation
JA-45A-82-12/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Chew Leng Soon
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 January 2024
Case Number
JA-45A-82-12/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Offences) / Judgment and Sentence at Trial (conviction)
Outcome
Convicted and sentenced
Legal Topics
Possession, Trafficking / Distribution, Presumption of Trafficking (s.37(da)), Chain of Custody, Expert Chemist Evidence, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Trafficking / Distribution Presumption of Trafficking (s.37(da)) Chain of Custody Expert Chemist Evidence +1 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Chew Leng Soon

Defendant

Procedural Posture

Criminal (drug Offences) / Judgment and Sentence at Trial (conviction)

Legal Issues

  1. 1 Whether prosecution proved prima facie case under s.180 KTJ
  2. 2 Whether defendant had custody, control and knowledge (possession) of the seized drugs
  3. 3 Whether presumption of trafficking under s.37(da) ADB applies and whether it was rebutted

Ratio Decidendi

The court found prosecution proved beyond reasonable doubt that the accused had custody, control and knowledge of the seized drugs (direct observation, keys and access, physical contact with a package matching drugs in locked room, unbroken chain of custody and chemist's report); statutory presumption under s.37(da) ADB applied given quantities and the accused failed to rebut it on the balance of probabilities; accordingly conviction for trafficking and possession upheld.

Court Disposition

Convicted and sentenced

Orders

  • Convicted on counts 1-3 under s.39B(1)(a) Dangerous Drugs Act 1952; sentenced to life imprisonment and twelve (12) strokes for each of counts 1-3; sentences to run concurrently from date of arrest 26.11.2020
  • Convicted under s.30(3) Poisons Act 1952 (possession of Etizolam); sentenced to 3 years imprisonment, to run concurrently with other sentences from 26.11.2020