Lim Kee Fu Tan Choon Ming

Lim Kee Fu Tan Choon Ming

The Court upheld the trial judge's factual findings that the prosecution proved actual possession independent of statutory presumptions, correctly considered the appellants' flight and unchallenged tenancy evidence together with other circumstances, properly invoked the presumption of trafficking under s37(da) after finding possession, found no fatal investigative lapse, and reasonably inferred common intention; accordingly convictions and death sentences were affirmed.

Citation
W-05(M)-117-02/2018 & W-05(M)-120-02-20/2018 (Mahkamah Rayuan)
Parties
Appellant: Lim Kee Fu; Appellant: Tan Choon Ming; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
17 July 2020
Case Number
W-05(M)-117-02/2018 & W-05(M)-120-02-20/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal Under Dangerous Drugs Act 1952 / Court of Appeal Judgment on Appeal From High Court Conviction and Sentence
Outcome
Appeals dismissed; convictions and death sentences affirmed.
Legal Topics
Trafficking, Possession, Presumption Under S37(da), Section 37(d), Common Intention (s34 Penal Code), Conduct of Accused, Admissibility of Conduct
Source Language
Malay/English
Criminal Law Drug Offences Evidence Appeals Trafficking Possession Presumption Under S37(da) Section 37(d) +3 more

Case Brief

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Parties

Lim Kee Fu

Appellant

Tan Choon Ming

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal Under Dangerous Drugs Act 1952 / Court of Appeal Judgment on Appeal From High Court Conviction and Sentence

Legal Issues

  1. 1 Whether prosecution established actual possession independent of presumptions
  2. 2 Whether appellants' flight justified inferences of knowledge
  3. 3 Whether trial judge misapplied or double invoked presumptions under s37(d) and s37(da)

Ratio Decidendi

The Court upheld the trial judge's factual findings that the prosecution proved actual possession independent of statutory presumptions, correctly considered the appellants' flight and unchallenged tenancy evidence together with other circumstances, properly invoked the presumption of trafficking under s37(da) after finding possession, found no fatal investigative lapse, and reasonably inferred common intention; accordingly convictions and death sentences were affirmed.

Court Disposition

Appeals dismissed; convictions and death sentences affirmed.

Orders

  • Appeals dismissed
  • Convictions and sentences by the High Court affirmed