LOO YONG HENG [ ]

LOO YONG HENG [ ]

The Court held the convictions were safe because drugs and distribution paraphernalia were found openly in the appellant's sole-occupied room together with cash, establishing actual possession and mens rea; the first judge correctly invoked the presumption under s37(da) because statutory quantity was exceeded and the appellant failed to rebut on balance of probabilities; SP5 was a hostile witness and his primary testimony remained admissible and corroborative; therefore convictions on all six charges were upheld and the death sentence was substituted pursuant to Act 846/2023.

Citation
J-05(SH)-254-06/2022 (Mahkamah Rayuan)
Parties
Appellant/perayu: Loo Yong Heng; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
9 November 2023
Case Number
J-05(SH)-254-06/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (dangerous Drugs Act) / Appeal to Court of Appeal – Judgment
Outcome
Appeal against conviction dismissed; convictions on all six charges upheld; death sentence substituted under Act 846/2023 with imprisonment and caning; other sentences upheld.
Legal Topics
Possession, Trafficking, Statutory Presumption S37(da) DDA, Use of S154 Evidence Act 1950, Relevance of Conduct (s8 Evidence Act), Substitution of Sentence Under Act 846/2023
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Sentencing Law Possession Trafficking Statutory Presumption S37(da) DDA Use of S154 Evidence Act 1950 +2 more

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Parties

Loo Yong Heng

Appellant/perayu

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (dangerous Drugs Act) / Appeal to Court of Appeal – Judgment

Legal Issues

  1. 1 Whether prosecution proved possession and mens rea
  2. 2 Whether trial judge validly invoked presumption of trafficking under s37(da) DDA
  3. 3 Whether appellant had exclusive control of the room

Ratio Decidendi

The Court held the convictions were safe because drugs and distribution paraphernalia were found openly in the appellant's sole-occupied room together with cash, establishing actual possession and mens rea; the first judge correctly invoked the presumption under s37(da) because statutory quantity was exceeded and the appellant failed to rebut on balance of probabilities; SP5 was a hostile witness and his primary testimony remained admissible and corroborative; therefore convictions on all six charges were upheld and the death sentence was substituted pursuant to Act 846/2023.

Court Disposition

Appeal against conviction dismissed; convictions on all six charges upheld; death sentence substituted under Act 846/2023 with imprisonment and caning; other sentences upheld.

Orders

  • Convictions on all six charges upheld by unanimous Court of Appeal
  • Death sentence for offence under s39B(1)(a) ADB set aside and substituted with 30 years imprisonment from date of arrest (13.2.2018) and 12 strokes of the rotan