CHEW LENG SOON

CHEW LENG SOON

On maximum evaluation the prosecution proved type and weight of drugs, uninterrupted chain of custody, accused's physical contact with and removal of drug package from premises, possession, and knowledge; statutory presumption under s.37(da) applied and was not rebutted on balance of probabilities; therefore conviction for trafficking under s.39B and related possession offences is warranted and sentence imposed is lawful.

Citation
JA-45A-81-12/2021 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Defendant: Chew Leng Soon
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 January 2024
Case Number
JA-45A-81-12/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment on Conviction and Sentence
Outcome
Accused convicted and sentenced
Legal Topics
Trafficking, Possession, Presumption of Trafficking Under S.37(da), Prima Facie Test Under S.180 KTJ, Chain of Custody, Burden of Proof, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Trafficking Possession Presumption of Trafficking Under S.37(da) Prima Facie Test Under S.180 KTJ Chain of Custody +2 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

Chew Leng Soon

Defendant

Procedural Posture

Criminal / Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether prosecution proved possession and knowledge of dangerous drugs
  2. 2 Whether elements of trafficking under s.39B ADB were made out or presumed under s.37(da)
  3. 3 Whether accused rebutted presumption of trafficking on balance of probabilities

Ratio Decidendi

On maximum evaluation the prosecution proved type and weight of drugs, uninterrupted chain of custody, accused's physical contact with and removal of drug package from premises, possession, and knowledge; statutory presumption under s.37(da) applied and was not rebutted on balance of probabilities; therefore conviction for trafficking under s.39B and related possession offences is warranted and sentence imposed is lawful.

Court Disposition

Accused convicted and sentenced

Orders

  • Counts 1-3: life imprisonment and twelve (12) strokes each
  • Count under s.30(3) Poisons Act 1952: 3 years imprisonment