PENDAKWARAYA Timbalan Pendakwaraya, Jabatan Peguam Negara 1.Miss Sureerat Nopkam 2.Chua Vi Li

PENDAKWARAYA Timbalan Pendakwaraya, Jabatan Peguam Negara 1.Miss Sureerat Nopkam 2.Chua Vi Li

The court found the prosecution proved identity and net weight of methamphetamine and etizolam through qualified chemists, accepted the chain of custody and marking, found DNA and circumstantial evidence establishing that both accused occupied the premises and had possession and knowledge of the drugs, invoked the statutory presumption under s.37(da) which the accused failed to rebut on a balance of probabilities, and therefore convicted both accused of trafficking and possession and imposed the prescribed sentences.

Citation
WA-45A-2/01/2020 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Miss Sureerat Nopkam; Accused: Chua Vi Li
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 January 2022
Case Number
WA-45A-2/01/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial (drug Offences) / Judgment (conviction and Sentencing)
Outcome
Both accused convicted on both counts
Legal Topics
Possession, Trafficking, Statutory Presumption (s.37(da) Dangerous Drugs Act), Chain of Custody, Common Intention (s.34 Penal Code), Prima Facie Evaluation (s.180 Cpc), Sentencing (death)
Source Language
Malay/English
Criminal Law Drug Offences Poison Control Law Procedural Law Evidence Law Possession Trafficking Statutory Presumption (s.37(da) Dangerous Drugs Act) +4 more

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Parties

Public Prosecutor

Prosecutor

Miss Sureerat Nopkam

Accused

Chua Vi Li

Accused

Procedural Posture

Criminal Trial (drug Offences) / Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether the identity and weight of seized drugs were reliably established
  2. 2 Whether chain of custody and marking of exhibits was intact
  3. 3 Whether accused had possession and knowledge of the drugs

Ratio Decidendi

The court found the prosecution proved identity and net weight of methamphetamine and etizolam through qualified chemists, accepted the chain of custody and marking, found DNA and circumstantial evidence establishing that both accused occupied the premises and had possession and knowledge of the drugs, invoked the statutory presumption under s.37(da) which the accused failed to rebut on a balance of probabilities, and therefore convicted both accused of trafficking and possession and imposed the prescribed sentences.

Court Disposition

Both accused convicted on both counts

Orders

  • Convicted of trafficking methamphetamine (section 39B(1)(a) Dangerous Drugs Act 1952) and sentenced to death by hanging
  • Convicted of possession of etizolam (section 30(3) Poisons Act 1952) and sentenced to two years imprisonment from date of arrest 6 August 2019