Mak Kwong Ming [ ]

Mak Kwong Ming [ ]

The Court upheld the trial judge's factual findings that the methodical concealment (packages taped to thighs and hidden in shoe insoles), admissions in statements, and surrounding conduct supported an inference that each appellant had possession and knowledge of methamphetamine; duress and innocent‑carrier defences...

Source-derived case information.

Citation
B-05(SH)-361-07/2024 (Mahkamah Rayuan)
Parties
Appellant: Lim Zhen Qiang; Appellant: Yen Tai Xiang; Appellant: Yap Fook Chen; Appellant: Joon Zheng Han; Appellant: Lo Wei Ryh; Appellant: Mak Kwong Ming; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
29 April 2025
Case Number
B-05(SH)-361-07/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (drug Trafficking) / Final Judgment of the Court of Appeal (appeal Dismissed)
Outcome
Appeal dismissed; convictions and sentences affirmed
Legal Topics
Drug Trafficking, Possession and Knowledge (mens Rea), Alcontara Notice, Duress (section 94 Penal Code), Wilful Blindness, Sentencing, Appellate Review of Factual Findings
Criminal Law Drug Offences Evidence Appellate Law Drug Trafficking Possession and Knowledge (mens Rea) Alcontara Notice Duress (section 94 Penal Code) +3 more

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Parties

Lim Zhen Qiang

Appellant

Yen Tai Xiang

Appellant

Yap Fook Chen

Appellant

Joon Zheng Han

Appellant

Lo Wei Ryh

Appellant

Mak Kwong Ming

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (drug Trafficking) / Final Judgment of the Court of Appeal (appeal Dismissed)

  1. 1 Whether appellants lacked knowledge of the drugs found on their persons
  2. 2 Whether appellants lacked knowledge of the nature/type of the drugs
  3. 3 Whether appellants were innocent carriers

Ratio Decidendi

The Court upheld the trial judge's factual findings that the methodical concealment (packages taped to thighs and hidden in shoe insoles), admissions in statements, and surrounding conduct supported an inference that each appellant had possession and knowledge of methamphetamine; duress and innocent‑carrier defences failed on the evidence and the Alcontara notices were not sufficiently particular to require further investigation by prosecution; thus the s.39B(1)(a) convictions and sentences were affirmed.

Court Disposition

Appeal dismissed; convictions and sentences affirmed

Orders

  • Appeal dismissed
  • Convictions under section 39B(1)(a) Akta Dadah Berbahaya 1952 upheld