LOW KAI GIE (NO.K/P: 841124-07-5415)

LOW KAI GIE (NO.K/P: 841124-07-5415)

Trial judge properly found appellant was in mens rea physical possession of 146.9g methamphetamine, which triggered the mandatory statutory presumption of trafficking under s37(da)(xvi) DDA; appellant failed to rebut that presumption on the balance of probabilities, and there was no misdirection or mishandling of facts warranting appellate interference, therefore conviction and death sentence were affirmed.

Citation
P-05(M)-92-02/2018 (Mahkamah Rayuan)
Parties
Appellant: Low Kai Gie; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
9 July 2019
Case Number
P-05(M)-92-02/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence (court of Appeal Judgment)
Outcome
Appeal dismissed; conviction and death sentence affirmed
Legal Topics
Drug Trafficking, Possession and Mens Rea, Statutory Presumptions, Burden of Proof, Presumption Against Double Presumption, Capital Sentencing
Source Language
Malay/English
Criminal Law Narcotics / Dangerous Drugs Law Evidence Law Appellate Procedure Drug Trafficking Possession and Mens Rea Statutory Presumptions Burden of Proof +2 more

Case Brief

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Parties

Low Kai Gie

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence (court of Appeal Judgment)

Legal Issues

  1. 1 Whether the appellant had knowledge and mens rea possession of the seized methamphetamine
  2. 2 Whether the statutory presumption of trafficking under s37(da)(xvi) DDA applied
  3. 3 Whether the appellant rebutted the presumption on the balance of probabilities

Ratio Decidendi

Trial judge properly found appellant was in mens rea physical possession of 146.9g methamphetamine, which triggered the mandatory statutory presumption of trafficking under s37(da)(xvi) DDA; appellant failed to rebut that presumption on the balance of probabilities, and there was no misdirection or mishandling of facts warranting appellate interference, therefore conviction and death sentence were affirmed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed

Orders

  • Appeal dismissed
  • Conviction and sentence affirmed