LEAN KIM TAT

LEAN KIM TAT

Prosecution proved all elements of trafficking: the drugs were identified as 145.15g methamphetamine, found in the accused's vehicle with an intact chain of custody; this quantity triggered the statutory presumption of trafficking which the accused failed to rebut on the balance of probabilities, and on evaluation of all evidence the prosecution proved guilt beyond reasonable doubt; conviction and sentence follow.

Citation
RA-45A-1-02/2020 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant: Lean Kim Tat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 March 2024
Case Number
RA-45A-1-02/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Conviction and Sentencing at High Court; Appeal Filed by Defendant
Outcome
Accused convicted of trafficking and sentenced; appeal filed by accused
Legal Topics
Trafficking, Possession and Knowledge, Statutory Presumption of Trafficking, Search and Seizure, Sentencing
Source Language
Malay/English
Criminal Law Narcotics/drugs Law Procedure Trafficking Possession and Knowledge Statutory Presumption of Trafficking Search and Seizure Sentencing

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Lean Kim Tat

Defendant

Procedural Posture

Criminal Drug Trafficking / Conviction and Sentencing at High Court; Appeal Filed by Defendant

Legal Issues

  1. 1 Whether prosecution established a prima facie case at the close of its case under s180 KPJ
  2. 2 Whether defence rebutted the statutory presumption of trafficking under s37(da)(xvi) ADB and raised reasonable doubt
  3. 3 Whether prosecution proved guilt beyond reasonable doubt at the conclusion of trial under s182A KPJ

Ratio Decidendi

Prosecution proved all elements of trafficking: the drugs were identified as 145.15g methamphetamine, found in the accused's vehicle with an intact chain of custody; this quantity triggered the statutory presumption of trafficking which the accused failed to rebut on the balance of probabilities, and on evaluation of all evidence the prosecution proved guilt beyond reasonable doubt; conviction and sentence follow.

Court Disposition

Accused convicted of trafficking and sentenced; appeal filed by accused

Orders

  • Convicted under section 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234)
  • Sentenced to imprisonment for 30 years from date of arrest