[Timbalan (TPR), Jabatan Peguam Negara] LEE ZUN MING

[Timbalan (TPR), Jabatan Peguam Negara] LEE ZUN MING

Court found prosecution proved physical possession and knowledge of methamphetamine (1529g) and that statutory presumption of trafficking arose, but defence rebutted the presumption on balance of probabilities because prosecution failed to prove overt acts or intention to deliver to another; therefore accused could not be convicted of trafficking but was guilty of possession under section 12(2) DDA and sentenced accordingly.

Citation
WA-45A-29-03/2021 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Lee Zun Ming
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 February 2025
Case Number
WA-45A-29-03/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial (drug Trafficking) / Judgment and Sentencing
Outcome
Accused convicted of lesser offence of possession of dangerous drugs under section 12(2) DDA; acquitted of trafficking charge under section 39B(1)(a) DDA.
Legal Topics
Drug Trafficking, Possession of Dangerous Drugs, Statutory Presumption of Trafficking, Impeachment of Witness, Chain of Evidence, Sentencing (imprisonment and Whipping)
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Criminal Procedure Drug Trafficking Possession of Dangerous Drugs Statutory Presumption of Trafficking Impeachment of Witness +2 more

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Parties

Public Prosecutor

Prosecution

Lee Zun Ming

Accused

Procedural Posture

Criminal Trial (drug Trafficking) / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused was in possession of the dangerous drug
  2. 2 Whether the possession was for the purpose of trafficking
  3. 3 Whether the accused had knowledge of the nature of the drug

Ratio Decidendi

Court found prosecution proved physical possession and knowledge of methamphetamine (1529g) and that statutory presumption of trafficking arose, but defence rebutted the presumption on balance of probabilities because prosecution failed to prove overt acts or intention to deliver to another; therefore accused could not be convicted of trafficking but was guilty of possession under section 12(2) DDA and sentenced accordingly.

Court Disposition

Accused convicted of lesser offence of possession of dangerous drugs under section 12(2) DDA; acquitted of trafficking charge under section 39B(1)(a) DDA.

Orders

  • Accused sentenced to ten (10) years imprisonment commencing from date of arrest 10.9.2020
  • Accused sentenced to ten (10) strokes of whipping pursuant to section 39A(2) DDA