[Timbalan (TPR), Jabatan Peguam Negara] 1. ) Michael Ting Siew Su 2. ) Robinson Anak Sumping

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) Michael Ting Siew Su 2. ) Robinson Anak Sumping

The court found prosecution established prima facie possession and activated s37(da) presumption of trafficking but on full evaluation the second accused raised a reasonable doubt as to knowledge and common intention and was therefore acquitted; the first accused failed to rebut mens rea for possession but...

Source-derived case information.

Citation
WA-45A-4-02/2021 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; First Accused: Michael Ting Siew Su; Second Accused: Robinson anak Sumping
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 April 2025
Case Number
WA-45A-4-02/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs (trafficking/possession) / Judgment (trial Concluded, Conviction and Acquittal)
Outcome
First accused (Michael Ting Siew Su) convicted of possession of dangerous drug (lesser offence) and sentenced; Second accused (Robinson anak Sumping) acquitted and discharged.
Legal Topics
Drug Trafficking, Possession of Dangerous Drugs, Presumption of Trafficking, Common Intention (s34 Penal Code), Burden of Proof and Rebuttal, Conversion to Lesser Offence, Sentencing Under DDA
Criminal Law Drug Law Evidence Law Sentencing Drug Trafficking Possession of Dangerous Drugs Presumption of Trafficking Common Intention (s34 Penal Code) +3 more

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Parties

Public Prosecutor

Prosecution

Michael Ting Siew Su

First Accused

Robinson anak Sumping

Second Accused

Procedural Posture

Criminal Dangerous Drugs (trafficking/possession) / Judgment (trial Concluded, Conviction and Acquittal)

Legal Issues

  1. 1 Whether accused were in possession and had requisite mens rea for trafficking
  2. 2 Application and rebuttal of presumption of trafficking under s37(da) DDA
  3. 3 Whether common intention under s34 Penal Code was proved against second accused

Ratio Decidendi

The court found prosecution established prima facie possession and activated s37(da) presumption of trafficking but on full evaluation the second accused raised a reasonable doubt as to knowledge and common intention and was therefore acquitted; the first accused failed to rebut mens rea for possession but evidential link to an actual trafficker (Dang Chee Ho) justified conviction for the lesser offence of possession under s12(2) DDA read with s39A(2) and sentencing accordingly.

Court Disposition

First accused (Michael Ting Siew Su) convicted of possession of dangerous drug (lesser offence) and sentenced; Second accused (Robinson anak Sumping) acquitted and discharged.

Orders

  • First accused convicted under s12(2) Dangerous Drugs Act 1952 read with s39A(2) DDA
  • Sentence: 15 years imprisonment commencing 1 July 2020