LAI THAI LEONG PUBLIC PROSECUTOR

LAI THAI LEONG PUBLIC PROSECUTOR

Trial judge correctly found appellant had custody and control of the sealed consignment, appellant's conduct (throwing the box, resisting arrest, anxious behaviour) supported an inference of knowledge of the illicit contents, there was no break in the chain of custody, the innocent carrier explanation was implausible, and therefore the conviction and sentence under Section 39B were safe and to be affirmed.

Citation
Q-05(M)-296-06/2018 (Mahkamah Rayuan)
Parties
Appellant: Lai Thai Leong; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
22 October 2019
Case Number
Q-05(M)-296-06/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal — Drug Trafficking Under Dangerous Drugs Act 1952 / Court of Appeal Judgment (final Appeal; Conviction and Sentence Affirmed)
Outcome
Appeal dismissed; conviction and death sentence affirmed.
Legal Topics
Possession and Knowledge, Chain of Custody, Prima Facie Case, Presumption of Trafficking, Appeal on Findings of Fact
Source Language
Malay/English
Criminal Law Drug Offences Evidence Procedural Law Possession and Knowledge Chain of Custody Prima Facie Case Presumption of Trafficking +1 more

Case Brief

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Parties

Lai Thai Leong

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal — Drug Trafficking Under Dangerous Drugs Act 1952 / Court of Appeal Judgment (final Appeal; Conviction and Sentence Affirmed)

Legal Issues

  1. 1 Whether prosecution proved possession and knowledge of illegal drugs
  2. 2 Whether a prima facie case was made at close of prosecution case
  3. 3 Whether there was a break in the chain of custody of the seized box/drugs

Ratio Decidendi

Trial judge correctly found appellant had custody and control of the sealed consignment, appellant's conduct (throwing the box, resisting arrest, anxious behaviour) supported an inference of knowledge of the illicit contents, there was no break in the chain of custody, the innocent carrier explanation was implausible, and therefore the conviction and sentence under Section 39B were safe and to be affirmed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed.

Orders

  • Appeal dismissed
  • Conviction under Section 39B(1)(a) Dangerous Drugs Act 1952 and sentence under Section 39B(2) affirmed