LEE GNAN HOE [ ]

LEE GNAN HOE [ ]

The Court held s.27 information was admissible because PW2 gave oral evidence that the appellant supplied the information and it related distinctly to the location and existence of drugs in hidden compartments of the vehicle; possession was established by custody, control and direct and circumstantial evidence showing knowledge; the statutory presumption of trafficking was properly triggered by the methamphetamine net weight; the chemist's evidence and analysis were reliable and procedural safeguards satisfied; therefore the conviction and death sentence were safe and affirmed.

Citation
Q-05(M)-623-12/2018 (Mahkamah Rayuan)
Parties
Appellant: Lee Gnan Hoe; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
25 August 2022
Case Number
Q-05(M)-623-12/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Death Sentence From Kuching High Court
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Trafficking, Possession and Knowledge, Section 27 Evidence Act Admissibility, Statutory Presumptions Under Dangerous Drugs Act, Chemist Analysis and Chain of Custody
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Trafficking Possession and Knowledge Section 27 Evidence Act Admissibility Statutory Presumptions Under Dangerous Drugs Act Chemist Analysis and Chain of Custody

Case Brief

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Parties

Lee Gnan Hoe

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Death Sentence From Kuching High Court

Legal Issues

  1. 1 Whether information obtained from accused and used to discover drugs in vehicle was admissible under s.27 Evidence Act 1950
  2. 2 Whether the prosecution proved possession and knowledge of the drugs by the accused
  3. 3 Whether statutory presumption of trafficking under s.37(da)(xvi) of Dangerous Drugs Act 1952 was properly invoked

Ratio Decidendi

The Court held s.27 information was admissible because PW2 gave oral evidence that the appellant supplied the information and it related distinctly to the location and existence of drugs in hidden compartments of the vehicle; possession was established by custody, control and direct and circumstantial evidence showing knowledge; the statutory presumption of trafficking was properly triggered by the methamphetamine net weight; the chemist's evidence and analysis were reliable and procedural safeguards satisfied; therefore the conviction and death sentence were safe and affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction and death sentence affirmed