CHEW LENG SOON

CHEW LENG SOON

Appellate court affirmed trial finding that prosecution proved possession and knowledge beyond reasonable doubt based on credible eyewitness evidence of appellant entering and leaving the premises with the plastic containing drugs, his conduct in indicating the locked room key, the matching type of drugs found in the room and the statutory presumption under s.37(da) ADB which appellant failed to rebut; accordingly convictions and sentences were upheld.

Citation
J-05(SH)-73-02/2024 (Mahkamah Rayuan)
Parties
Appellant: Chew Leng Soon; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
5 January 2026
Case Number
J-05(SH)-73-02/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Decision on Appeal
Outcome
Appeal dismissed; convictions and sentences upheld
Legal Topics
Possession, Trafficking, Statutory Presumption, Innocent Carrier Defence, Chain of Custody, Credibility of Witness
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Possession Trafficking Statutory Presumption Innocent Carrier Defence Chain of Custody +1 more

Case Brief

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Parties

Chew Leng Soon

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding the appellant had possession and knowledge of the drugs
  2. 2 Whether failure to call alleged third party (Jacky/Ricky) created a fatal gap in the prosecution case
  3. 3 Whether the appellant rebutted the statutory presumption under s.37(da) Dangerous Drugs Act 1952

Ratio Decidendi

Appellate court affirmed trial finding that prosecution proved possession and knowledge beyond reasonable doubt based on credible eyewitness evidence of appellant entering and leaving the premises with the plastic containing drugs, his conduct in indicating the locked room key, the matching type of drugs found in the room and the statutory presumption under s.37(da) ADB which appellant failed to rebut; accordingly convictions and sentences were upheld.

Court Disposition

Appeal dismissed; convictions and sentences upheld

Orders

  • Appeal dismissed
  • Convictions for counts 1-3 under Dangerous Drugs Act 1952 affirmed; life imprisonment and 12 strokes upheld (counts 1-3)