Lee Gee Hian Pendakwaraya

Lee Gee Hian Pendakwaraya

The Court upheld the trial judge’s finding that SP7 was credible, that the appellant had physical custody/control of the bag containing 1564.3g methamphetamine and had knowledge of its contents (inferred from conduct and circumstances); the prosecution did not withhold CCTV evidence and the absence of DNA/fingerprint evidence was not fatal; the defence failed to rebut the presumption of trafficking under s37(da); accordingly conviction and death sentence were affirmed.

Citation
P-05(M)-16-01/2019 (Mahkamah Rayuan)
Parties
Appellant: Lee Gee Hian; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
4 October 2021
Case Number
P-05(M)-16-01/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (dangerous Drugs Act 1952 S39 B) / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Trafficking Under DDA S39 B, Possession and Knowledge, Presumption of Trafficking S37(da), Presumption of Possession S37(d), Adverse Inference S114 Evidence Act, Forensic Evidence (dna/fingerprints), CCTV Evidence
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Appellate Review Capital Punishment Trafficking Under DDA S39 B Possession and Knowledge Presumption of Trafficking S37(da) +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lee Gee Hian

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal (dangerous Drugs Act 1952 S39 B) / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Credibility of arresting officer (SP7) and reliance on his evidence for possession
  2. 2 Whether possession and knowledge of drugs proved
  3. 3 Failure to call a potentially relevant witness (Lim Koon Kooi)

Ratio Decidendi

The Court upheld the trial judge’s finding that SP7 was credible, that the appellant had physical custody/control of the bag containing 1564.3g methamphetamine and had knowledge of its contents (inferred from conduct and circumstances); the prosecution did not withhold CCTV evidence and the absence of DNA/fingerprint evidence was not fatal; the defence failed to rebut the presumption of trafficking under s37(da); accordingly conviction and death sentence were affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed and the High Court conviction and death sentence (hanging) under section 39B(1)(a) and 39B(2) Dangerous Drugs Act 1952 are affirmed