LEE CHEE SOON [ ]

LEE CHEE SOON [ ]

The Court held the convictions and sentences were unsafe because the prosecution failed to prove beyond reasonable doubt the appellants' knowledge, possession and joint intent in relation to the concealed drugs; the DNA evidence only established presence in the premises and did not link appellants to the concealed ceiling exhibits; the evidential chain for the firearm was broken; consequently convictions and sentences imposed by the High Court for appellants 1 and 3 were set aside and they were acquitted and discharged; appeals by appellant 2 were abated due to death and the prosecution's cross-appeal on sentence was dismissed.

Citation
N-05(SH)-417-09/2019 (Mahkamah Rayuan)
Parties
Appellant: Lee Chee Soon; Appellant: Lim Ah Lek; Appellant: Wai Chun Fung; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
24 October 2023
Case Number
N-05(SH)-417-09/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (drug and Firearms Offences) / Decision on Appeal (mahkamah Rayuan Judgment 28 November 2023)
Outcome
Appeals by appellants 1 (Lee Chee Soon) and 3 (Wai Chun Fung) allowed; their convictions and sentences in respect of all charges set aside and they were acquitted and discharged; appeals by appellant 2 (Lim Ah Lek) cancelled/abated due to death; prosecution cross-appeal on sentence dismissed.
Legal Topics
Presumed Trafficking, Double Presumption, Chain of Custody, DNA Evidence, Prima Facie, Appellate Intervention
Source Language
Malay/English
Criminal Law Drug Offences Firearms Law Evidence Law Presumed Trafficking Double Presumption Chain of Custody DNA Evidence +2 more

Case Brief

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Parties

Lee Chee Soon

Appellant

Lim Ah Lek

Appellant

Wai Chun Fung

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (drug and Firearms Offences) / Decision on Appeal (mahkamah Rayuan Judgment 28 November 2023)

Legal Issues

  1. 1 Whether trial judge failed to indicate basis (direct trafficking or presumed trafficking) when calling accused to enter defence
  2. 2 Whether double presumption under s.37(d) and s.37(da)/s.37A DDA was lawfully applied
  3. 3 Whether prosecution proved knowledge, possession and joint intent beyond reasonable doubt

Ratio Decidendi

The Court held the convictions and sentences were unsafe because the prosecution failed to prove beyond reasonable doubt the appellants' knowledge, possession and joint intent in relation to the concealed drugs; the DNA evidence only established presence in the premises and did not link appellants to the concealed ceiling exhibits; the evidential chain for the firearm was broken; consequently convictions and sentences imposed by the High Court for appellants 1 and 3 were set aside and they were acquitted and discharged; appeals by appellant 2 were abated due to death and the prosecution's cross-appeal on sentence was dismissed.

Court Disposition

Appeals by appellants 1 (Lee Chee Soon) and 3 (Wai Chun Fung) allowed; their convictions and sentences in respect of all charges set aside and they were acquitted and discharged; appeals by appellant 2 (Lim Ah Lek) cancelled/abated due to death; prosecution cross-appeal on sentence dismissed.

Orders

  • R7 (N-05(SH)-417-09/2019): Appeal of Lee Chee Soon allowed; convictions and life sentences with 15 strokes under s.39B(1)(a)/39B(2A) DDA set aside; appellant released and acquitted
  • R8 (N-05(SH)-418-09/2019): Appeal of Lee Chee Soon allowed; conviction and 4 years imprisonment under s.8 Firearms Act set aside; appellant released and acquitted