PENDAKWARAYA PUBLIC PROSECUTOR 1. CHOONG KAH WEN 2. LIOW PEI FENG

PENDAKWARAYA PUBLIC PROSECUTOR 1. CHOONG KAH WEN 2. LIOW PEI FENG

The court accepted the prosecution's chemist reports identifying large quantities of dangerous drugs and found credible evidence (seizure location, DNA and fitting tests, witnesses) establishing that both accused were occupants with possession and knowledge; the amounts met s37(da) thresholds and the accused failed to rebut the statutory presumption on balance of probabilities, hence the prosecution proved trafficking beyond reasonable doubt and both accused were convicted and sentenced accordingly.

Citation
WA-45A-2-01/2019 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; First Accused: Choong Kah Wen; Second Accused: Liow Pei Feng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2021
Case Number
WA-45A-2-01/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial (dangerous Drugs) / Judgment at Trial (conviction and Sentencing)
Outcome
Both accused convicted on all three charges; found guilty of drug trafficking and possession.
Legal Topics
Drug Trafficking, Possession, Statutory Presumption S37(da), Prima Facie Under S180 CPC, Common Intention S34, Chain of Custody, Burden of Proof S182 a CPC
Source Language
Malay/English
Criminal Law Drugs Law Evidence and Procedure Drug Trafficking Possession Statutory Presumption S37(da) Prima Facie Under S180 CPC Common Intention S34 +2 more

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Parties

Public Prosecutor

Prosecution

Choong Kah Wen

First Accused

Liow Pei Feng

Second Accused

Procedural Posture

Criminal Trial (dangerous Drugs) / Judgment at Trial (conviction and Sentencing)

Legal Issues

  1. 1 Whether prosecution proved possession and knowledge of dangerous drugs by accused
  2. 2 Whether statutory presumption under s37(da) of the Dangerous Drugs Act 1952 was properly triggered
  3. 3 Whether the prosecution made out a prima facie case under s180 CPC and proved guilt beyond reasonable doubt under s182A CPC

Ratio Decidendi

The court accepted the prosecution's chemist reports identifying large quantities of dangerous drugs and found credible evidence (seizure location, DNA and fitting tests, witnesses) establishing that both accused were occupants with possession and knowledge; the amounts met s37(da) thresholds and the accused failed to rebut the statutory presumption on balance of probabilities, hence the prosecution proved trafficking beyond reasonable doubt and both accused were convicted and sentenced accordingly.

Court Disposition

Both accused convicted on all three charges; found guilty of drug trafficking and possession.

Orders

  • First and second accused convicted on charges 1 (methamphetamine) and 2 (MDMA) and sentenced to death for each of those charges.
  • First and second accused convicted on charge 3 (possession of ketamine) and sentenced to 2 years' imprisonment from date of arrest (11 April 2018).