PENDAKWARAYA LAW HENG MUN

PENDAKWARAYA LAW HENG MUN

Prosecution proved at the maximum evaluation stage that the seized substances (Ketamine 85.29g, MDMA 640.21g, Etizolam 2088.2g) were dangerous drugs, that the exhibits were found in the accused's room in close proximity to him and under his control, chain of custody and forensic analysis were reliable, statutory presumptions under s37(d) applied and the defence failed to rebut or raise reasonable doubt; accordingly accused convicted on the charged offences and sentenced as below.

Citation
WA-45A-12-04/2019 5; WA-45-20-09/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Law Heng Mun
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 December 2020
Case Number
WA-45A-12-04/2019 5; WA-45-20-09/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Trial Judgment (conviction and Sentencing)
Outcome
Accused convicted on two counts under s39B Dangerous Drugs Act and one count under s30(3) Poisons Act
Legal Topics
Possession, Knowledge, Chain of Custody, Prima Facie Standard, Forensic Chemical Analysis, Statutory Presumptions Under Dangerous Drugs Act, Sentencing (death Penalty)
Source Language
Malay/English
Criminal Law Drug Law Evidence and Procedure Forensic Law Possession Knowledge Chain of Custody Prima Facie Standard +3 more

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Parties

Pendakwa Raya

Prosecution

Law Heng Mun

Accused

Procedural Posture

Criminal Drug Offences / Trial Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s180 CPC
  2. 2 Whether chain of custody was intact and forensic analysis reliable
  3. 3 Whether accused had possession, control and knowledge of the drugs found

Ratio Decidendi

Prosecution proved at the maximum evaluation stage that the seized substances (Ketamine 85.29g, MDMA 640.21g, Etizolam 2088.2g) were dangerous drugs, that the exhibits were found in the accused's room in close proximity to him and under his control, chain of custody and forensic analysis were reliable, statutory presumptions under s37(d) applied and the defence failed to rebut or raise reasonable doubt; accordingly accused convicted on the charged offences and sentenced as below.

Court Disposition

Accused convicted on two counts under s39B Dangerous Drugs Act and one count under s30(3) Poisons Act

Orders

  • Accused convicted for two offences under Section 39B(1)(a) Dangerous Drugs Act 1952 (ketamine and MDMA) and sentenced to death (to be hanged)
  • Accused convicted for offence under Section 30(3) Poisons Act 1952 (Etizolam) and sentenced to 2 years' imprisonment to run from date of arrest (10 October 2018)