PENDAKWARAYA JABATAN KASTAM DIRAJA MALAYSIA MAH TEE HOU

PENDAKWARAYA JABATAN KASTAM DIRAJA MALAYSIA MAH TEE HOU

The court found the prosecution established all elements of s.135(1)(d) Customs Act 1967 beyond reasonable doubt and the accused's sworn denials and explanations did not raise a reasonable doubt; accordingly the accused was convicted and sentenced and seized goods ordered disposed under s.127.

Citation
BB-M5-83-7-07/2017 (Mahkamah Majistret)
Parties
Perayu: Mah Tee Hou; Respondent: Pendakwa Raya
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 October 2019
Case Number
BB-M5-83-7-07/2017 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing
Outcome
Accused found guilty under s.135(1)(d) Customs Act 1967 and sentenced to 2 years' imprisonment; seized goods ordered disposed to Royal Malaysian Customs under s.127.
Legal Topics
Import Prohibition, Possession of Prohibited Imports, Prima Facie, Burden of Proof, Reasonable Doubt, Sentencing Principles, Disposal of Seized Goods
Source Language
Malay/English
Customs Law Criminal Law Evidence Import Prohibition Possession of Prohibited Imports Prima Facie Burden of Proof Reasonable Doubt +2 more

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Parties

Mah Tee Hou

Perayu

Pendakwa Raya

Respondent

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether prosecution proved possession and knowledge of prohibited imported goods under s.135(1)(d) Customs Act 1967
  2. 2 Whether defence raised a reasonable doubt sufficient to rebut prima facie case
  3. 3 Appropriate sentencing and disposal of seized goods

Ratio Decidendi

The court found the prosecution established all elements of s.135(1)(d) Customs Act 1967 beyond reasonable doubt and the accused's sworn denials and explanations did not raise a reasonable doubt; accordingly the accused was convicted and sentenced and seized goods ordered disposed under s.127.

Court Disposition

Accused found guilty under s.135(1)(d) Customs Act 1967 and sentenced to 2 years' imprisonment; seized goods ordered disposed to Royal Malaysian Customs under s.127.

Orders

  • Sentenced to 2 years imprisonment from date of conviction (10.10.2019)
  • Seized items ID5(A) to (J) and exhibit P22 handed to prosecution for disposal under s.127 Customs Act 1967