PENDAKWARAYA PENDAKWARAYA LEONG CHIN KEAT (K/P NO. 900720-05-5055)

PENDAKWARAYA PENDAKWARAYA LEONG CHIN KEAT (K/P NO. 900720-05-5055)

Prosecution failed to discharge the burden of establishing a prima facie case because it did not prove quantity and value as charged, failed to establish accused's conscious possession and knowledge of the prohibited imported goods, and left unresolved gaps in chain of custody and identity of exhibits together with investigative failures to probe leads provided by the accused (Alcontara notice); accordingly accused was acquitted without being called to enter defence.

Citation
NF83-66-6/2020 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Leong Chin Keat
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 April 2021
Case Number
NF83-66-6/2020 (Mahkamah Majistret)
Procedural Posture
Criminal (customs Act Offence) / Close of Prosecution; Accused Acquitted and Discharged Without Being Called to Enter Defence
Outcome
Accused acquitted and discharged without being called to enter defence
Legal Topics
Import Prohibition, Possession of Smuggled Goods, Prima Facie Burden, Chain of Custody, Alcontara Notice
Source Language
Malay/English
Customs Law Criminal Procedure Evidence Law Import Prohibition Possession of Smuggled Goods Prima Facie Burden Chain of Custody Alcontara Notice

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Parties

Public Prosecutor

Prosecutor

Leong Chin Keat

Accused

Procedural Posture

Criminal (customs Act Offence) / Close of Prosecution; Accused Acquitted and Discharged Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether prosecution proved a prima facie case
  2. 2 Whether accused had conscious possession and knowledge of prohibited imported goods
  3. 3 Whether quantity and value of seized goods were proven

Ratio Decidendi

Prosecution failed to discharge the burden of establishing a prima facie case because it did not prove quantity and value as charged, failed to establish accused's conscious possession and knowledge of the prohibited imported goods, and left unresolved gaps in chain of custody and identity of exhibits together with investigative failures to probe leads provided by the accused (Alcontara notice); accordingly accused was acquitted without being called to enter defence.

Court Disposition

Accused acquitted and discharged without being called to enter defence

Orders

  • Accused Leong Chin Keat is acquitted and discharged of the charge under section 135(1)(d) Customs Act 1967