1. ) LEE CHIN HUAT 2. ) FONG WAI HON

1. ) LEE CHIN HUAT 2. ) FONG WAI HON

Although identity and weight of the drugs were proved by chemical analysis, the prosecution failed to prove exclusive possession, knowledge and joint intention because the stor was accessible to others, forensic linkage (fingerprints/DNA) and CCTV investigation were not done or preserved, and no prior common plan was shown; these failures created reasonable doubt and required acquittal.

Citation
KA-62D-482-10/2021 (Mahkamah Sesyen)
Parties
Appellant: Pendakwa Raya; Respondent/accused: Lee Chin Huat; Respondent/accused: Fong Wai Hon
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 February 2025
Case Number
KA-62D-482-10/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (drug Offences) / Sessions Court Judgment Acquitting Accused; Prosecution Has Appealed to High Court
Outcome
Accused acquitted and discharged on all charges
Legal Topics
Possession, Mens Rea/knowledge, Joint Liability (section 34 Penal Code), Presumption of Possession (s.37 Dangerous Drugs Act 1952), Forensic Proof (chemist, Fingerprints, Dna), CCTV and Investigative Omissions
Source Language
Malay/English
Criminal Law Drug Law Evidence Possession Mens Rea/knowledge Joint Liability (section 34 Penal Code) Presumption of Possession (s.37 Dangerous Drugs Act 1952) Forensic Proof (chemist, Fingerprints, Dna) +1 more

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Parties

Pendakwa Raya

Appellant

Lee Chin Huat

Respondent/accused

Fong Wai Hon

Respondent/accused

Procedural Posture

Criminal (drug Offences) / Sessions Court Judgment Acquitting Accused; Prosecution Has Appealed to High Court

Legal Issues

  1. 1 Whether accused had possession and control of the seized drugs
  2. 2 Whether accused had knowledge of the nature of the drugs (mens rea)
  3. 3 Whether there was common intention under S.34 Penal Code

Ratio Decidendi

Although identity and weight of the drugs were proved by chemical analysis, the prosecution failed to prove exclusive possession, knowledge and joint intention because the stor was accessible to others, forensic linkage (fingerprints/DNA) and CCTV investigation were not done or preserved, and no prior common plan was shown; these failures created reasonable doubt and required acquittal.

Court Disposition

Accused acquitted and discharged on all charges

Orders

  • Lee Chin Huat and Fong Wai Hon are acquitted and discharged of all charges in KA-62D-482-10/2021, KA-83D-114-01/2021 and KA-83D-2877-10/2021