SAM PEI LIN

SAM PEI LIN

Credible eyewitness police testimony established physical possession of a sling bag on the accused which contained an inner zipped bag with four plastic packets; the accused's identity documents found in same bag linked the bag to her; chemical analysis confirmed the packets contained 14.98g methamphetamine and the chain of custody was intact; defence explanations were inconsistent, raised as afterthoughts and failed to raise reasonable doubt; amendment of address did not prejudice the accused. Therefore prosecution proved all elements of s12(2) Dangerous Drugs Act 1952 beyond reasonable doubt and conviction and sentence follow.

Citation
AR-83D-22-05/2021 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Sam Pei Lin (IC: 820819085326)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 December 2024
Case Number
AR-83D-22-05/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs / Trial Convicted and Sentenced
Outcome
convicted and sentenced
Legal Topics
Possession and Knowledge, Chain of Custody, Prima Facie Burden, Amendment of Charge, Witness Absence, Sentencing, Suspension Pending Appeal
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Procedure Possession and Knowledge Chain of Custody Prima Facie Burden Amendment of Charge +3 more

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Parties

Pendakwa Raya

Prosecutor

Sam Pei Lin (IC: 820819085326)

Accused

Procedural Posture

Criminal Dangerous Drugs / Trial Convicted and Sentenced

Legal Issues

  1. 1 Whether prosecution proved prima facie case under s12(2) Dangerous Drugs Act 1952
  2. 2 Whether accused had possession, custody or control and knowledge of the drug
  3. 3 Whether the seized substance was a scheduled dangerous drug and chain of custody intact

Ratio Decidendi

Credible eyewitness police testimony established physical possession of a sling bag on the accused which contained an inner zipped bag with four plastic packets; the accused's identity documents found in same bag linked the bag to her; chemical analysis confirmed the packets contained 14.98g methamphetamine and the chain of custody was intact; defence explanations were inconsistent, raised as afterthoughts and failed to raise reasonable doubt; amendment of address did not prejudice the accused. Therefore prosecution proved all elements of s12(2) Dangerous Drugs Act 1952 beyond reasonable doubt and conviction and sentence follow.

Court Disposition

convicted and sentenced

Orders

  • Accused convicted under amended charge of s12(2) Akta Dadah Berbahaya 1952 (as punishable under s39A(1)); sentenced to imprisonment for 42 months commencing 6 December 2024
  • Accused exempted from corporal punishment under s289(a) Kanun Tatacara Jenayah