1. ) HIEW KA HING 2. ) WONG MUN LOONG

1. ) HIEW KA HING 2. ) WONG MUN LOONG

Although prosecution established seizure, classification, valuation and an unbroken chain of custody, it failed to prove beyond reasonable doubt that both accused had knowledge and the requisite joint intent to evade the import prohibition; the defence raised a credible reasonable doubt (transport-for-hire explanation, owner SD4 admitted placing goods), therefore accused are acquitted and discharged.

Citation
CB-83-65-03/2020 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWARAYA; Defendant: HIEW KA HING; Defendant: WONG MUN LOONG
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
7 April 2023
Case Number
CB-83-65-03/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Customs Offence / Trial Judgment (acquittal After Defence)
Outcome
Accused Hiew Ka Hing and Wong Mun Loong acquitted and discharged
Legal Topics
Smuggling, Import Prohibition, Burden of Proof, Knowledge and Intent, Chain of Custody, Charge Amendment
Source Language
Malay/English
Customs Law Criminal Law Evidence Law Smuggling Import Prohibition Burden of Proof Knowledge and Intent Chain of Custody +1 more

Case Brief

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Parties

PENDAKWARAYA

Prosecutor

HIEW KA HING

Defendant

WONG MUN LOONG

Defendant

Procedural Posture

Criminal Customs Offence / Trial Judgment (acquittal After Defence)

Legal Issues

  1. 1 Whether prosecution proved all elements of offence under s135(1)(e) Customs Act 1967 beyond reasonable doubt
  2. 2 Whether seized goods fell within import prohibition order PU(A)103/2017
  3. 3 Whether accused had knowledge and joint intention to evade import prohibition

Ratio Decidendi

Although prosecution established seizure, classification, valuation and an unbroken chain of custody, it failed to prove beyond reasonable doubt that both accused had knowledge and the requisite joint intent to evade the import prohibition; the defence raised a credible reasonable doubt (transport-for-hire explanation, owner SD4 admitted placing goods), therefore accused are acquitted and discharged.

Court Disposition

Accused Hiew Ka Hing and Wong Mun Loong acquitted and discharged

Orders

  • Accused Hiew Ka Hing and Wong Mun Loong acquitted and discharged on the amended charge
  • Seized items P4‑P10 (cigarettes) to be forfeited/lucuthak to Royal Malaysian Customs after expiry of appeal period pursuant to s127(1) Customs Act 1967