ONG TEE HONG [Jabatan Peguam Negara]

ONG TEE HONG [Jabatan Peguam Negara]

On the totality of admissible direct and circumstantial evidence the prosecution proved custody, control and knowledge for all five counts; the statutory presumption of trafficking under s37(da) applied to the 77.74g heroin count and the appellant failed to rebut it on the balance of probabilities; no impermissible...

Source-derived case information.

Citation
T-05(M)-435-10/2019 (Mahkamah Rayuan)
Parties
Appellant: Ong Tee Hong; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
13 April 2022
Case Number
T-05(M)-435-10/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appellate Determination (court of Appeal)
Outcome
Appeal dismissed; convictions and sentences affirmed
Legal Topics
Possession, Trafficking, Statutory Presumptions, Burden of Proof, Sentence Appeal, Miscarriage of Justice
Criminal Law Drug Offences Evidence Law Possession Trafficking Statutory Presumptions Burden of Proof Sentence Appeal +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Ong Tee Hong

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appellate Determination (court of Appeal)

Legal Issues

  1. 1 Whether prosecution proved possession and knowledge of drugs
  2. 2 Whether presumption of trafficking under s37(da) ADB 1952 could be validly invoked
  3. 3 Whether trial judge applied double presumptions impermissibly

Ratio Decidendi

On the totality of admissible direct and circumstantial evidence the prosecution proved custody, control and knowledge for all five counts; the statutory presumption of trafficking under s37(da) applied to the 77.74g heroin count and the appellant failed to rebut it on the balance of probabilities; no impermissible double presumption was applied and any omission to use the precise words 'guilty' did not occasion a miscarriage of justice; convictions and sentences are therefore safe and affirmed.

Court Disposition

Appeal dismissed; convictions and sentences affirmed

Orders

  • Appeal dismissed
  • Convictions on all five counts affirmed