LIM KOK KHENG

LIM KOK KHENG

Prosecution established identity and quantity of seized substances by expert analysis and chain of custody, but failed to prove the accused had the requisite possession (control and knowledge) of the drugs and poison found inside the Mont Blanc bag in the vehicle; absent proof of possession, statutory presumptions...

Source-derived case information.

Citation
BA-45A-162-12/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Lim Kok Kheng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 August 2023
Case Number
BA-45A-162-12/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal End of Prosecution Case / Decision on Prima Facie (discharge and Acquittal)
Outcome
Accused discharged and acquitted without being called to defend on Pertuduhan 1, Pertuduhan 2 and Pertuduhan 4; earlier conviction on Pertuduhan 3 (possession of 0.42g MDMA) remained and was sentenced.
Legal Topics
Possession, Trafficking, Prima Facie Test, Chain of Custody, Expert Evidence, Statutory Presumption
Criminal Law Drug Offences Evidence Procedural Law Possession Trafficking Prima Facie Test Chain of Custody +2 more

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Parties

Pendakwa Raya

Prosecution

Lim Kok Kheng

Defendant

Procedural Posture

Criminal End of Prosecution Case / Decision on Prima Facie (discharge and Acquittal)

Legal Issues

  1. 1 Whether prosecution proved physical and mental elements of possession for items found in vehicle and bag
  2. 2 Whether a prima facie case of trafficking (distribution) under Dangerous Drugs Act 1952 was established
  3. 3 Whether statutory presumptions under s37(da) ADB applied

Ratio Decidendi

Prosecution established identity and quantity of seized substances by expert analysis and chain of custody, but failed to prove the accused had the requisite possession (control and knowledge) of the drugs and poison found inside the Mont Blanc bag in the vehicle; absent proof of possession, statutory presumptions and trafficking elements do not apply, therefore no prima facie case for Pertuduhan 1, 2 and 4 and accused must be discharged and acquitted on those counts.

Court Disposition

Accused discharged and acquitted without being called to defend on Pertuduhan 1, Pertuduhan 2 and Pertuduhan 4; earlier conviction on Pertuduhan 3 (possession of 0.42g MDMA) remained and was sentenced.

Orders

  • Accused Lim Kok Kheng is discharged and acquitted on Charge 1 (section 39B(1)(a) ADB – 243g methamphetamine)
  • Accused Lim Kok Kheng is discharged and acquitted on Charge 2 (section 12(2) ADB – 2.01g MDMA)