LOO YONG HENG [ ]

LOO YONG HENG [ ]

The Court found that the trial judge permissibly invoked the presumption under s37(da) because the drugs (including 183.14g methamphetamine) were in plain view in the appellant's sole-occupied room alongside distribution paraphernalia and cash, establishing actual possession or, alternatively, a proper basis for the statutory presumption; the appellant's denials were bare and failed to raise reasonable doubt; SP5 was hostile but material parts of his primary evidence were corroborated and admissible; therefore convictions on all six charges were safe and upheld; pursuant to Akta 846 the mandatory death sentence was commuted to 30 years imprisonment from date of arrest and 12 strokes while...

Citation
J-05(SH)-253-06/2022 (Mahkamah Rayuan)
Parties
Appellant: Loo Yong Heng; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
9 November 2023
Case Number
J-05(SH)-253-06/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (drug Offences) / Court of Appeal Decision on Appeal Against Conviction and Sentence
Outcome
Appeal dismissed in respect of convictions; conviction on all six charges affirmed; sentence under s39B commuted to imprisonment of 30 years and 12 strokes; sentences for five s12(2) offences of 2 years each upheld and ordered to run concurrently from date of arrest.
Legal Topics
Possession, Trafficking, Statutory Presumptions S37(da) ADB, Section 154 Evidence Act 1950 (hostile Witness), Conduct Evidence (s8 Evidence Act), Mandatory Death Penalty Abolition (akta 846)
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Sentencing Law Possession Trafficking Statutory Presumptions S37(da) ADB Section 154 Evidence Act 1950 (hostile Witness) +2 more

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Parties

Loo Yong Heng

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (drug Offences) / Court of Appeal Decision on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether an affirmative finding of possession was required before invoking presumption under s37(da) ADB
  2. 2 Whether appellant had actual or presumed possession of drugs found in his room
  3. 3 Whether the trial judge erred in admitting or relying on SP5's evidence after section 154 cross-examination

Ratio Decidendi

The Court found that the trial judge permissibly invoked the presumption under s37(da) because the drugs (including 183.14g methamphetamine) were in plain view in the appellant's sole-occupied room alongside distribution paraphernalia and cash, establishing actual possession or, alternatively, a proper basis for the statutory presumption; the appellant's denials were bare and failed to raise reasonable doubt; SP5 was hostile but material parts of his primary evidence were corroborated and admissible; therefore convictions on all six charges were safe and upheld; pursuant to Akta 846 the mandatory death sentence was commuted to 30 years imprisonment from date of arrest and 12 strokes while...

Court Disposition

Appeal dismissed in respect of convictions; conviction on all six charges affirmed; sentence under s39B commuted to imprisonment of 30 years and 12 strokes; sentences for five s12(2) offences of 2 years each upheld and ordered to run concurrently from date of arrest.

Orders

  • Convictions on all six charges affirmed
  • Appeal against conviction dismissed