[Timbalan (TPR), Jabatan Peguam Negara] LEE YU HUAT

[Timbalan (TPR), Jabatan Peguam Negara] LEE YU HUAT

The court acquitted the accused on the trafficking charge because the prosecution failed to establish a prima facie case due to significant investigative deficiencies, failure to call material public witnesses which justified an adverse inference, and failure to prove that the drugs were in a specially constructed concealment compartment; however the evidence sufficed to establish a prima facie case on the two possession charges under s12 DDA, to which the accused pleaded guilty and was sentenced.

Citation
WA-45A-19-07/2020 (Mahkamah Tinggi)
Parties
Applicant: Public Prosecutor; Accused: Lee Yu Huat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 December 2023
Case Number
WA-45A-19-07/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs (trafficking and Possession) / Post Trial Grounds of Judgment and Sentencing (evaluation of Prima Facie, Acquittal on Trafficking, Conviction and Sentence on Possession)
Outcome
Accused acquitted and discharged on trafficking charge under s39B(1) DDA; accused committed for trial on two possession charges under s12 DDA, pleaded guilty to both and sentenced to concurrent 10 months' imprisonment effective from date of arrest; accused released.
Legal Topics
Drug Trafficking, Possession of Dangerous Drugs, Presumption of Trafficking (s37 Dda), Adverse Inference for Non‑calling of Witnesses (s114 Evidence Act), Chain of Custody (s399 Cpc), Expert Evidence on Vehicle Modification, Investigation Adequacy and Remand
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Drug Trafficking Possession of Dangerous Drugs Presumption of Trafficking (s37 Dda) Adverse Inference for Non‑calling of Witnesses (s114 Evidence Act) Chain of Custody (s399 Cpc) +2 more

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Parties

Public Prosecutor

Applicant

Lee Yu Huat

Accused

Procedural Posture

Criminal Dangerous Drugs (trafficking and Possession) / Post Trial Grounds of Judgment and Sentencing (evaluation of Prima Facie, Acquittal on Trafficking, Conviction and Sentence on Possession)

Legal Issues

  1. 1 Whether the prosecution proved possession and trafficking beyond reasonable doubt
  2. 2 Whether the presumption under s37(da)(xvi) DDA applies
  3. 3 Whether the compartment in the vehicle was a specially constructed concealment compartment (s37(h) DDA)

Ratio Decidendi

The court acquitted the accused on the trafficking charge because the prosecution failed to establish a prima facie case due to significant investigative deficiencies, failure to call material public witnesses which justified an adverse inference, and failure to prove that the drugs were in a specially constructed concealment compartment; however the evidence sufficed to establish a prima facie case on the two possession charges under s12 DDA, to which the accused pleaded guilty and was sentenced.

Court Disposition

Accused acquitted and discharged on trafficking charge under s39B(1) DDA; accused committed for trial on two possession charges under s12 DDA, pleaded guilty to both and sentenced to concurrent 10 months' imprisonment effective from date of arrest; accused released.

Orders

  • Accused acquitted and discharged of the charge under s39B(1) Dangerous Drugs Act
  • Accused ordered to enter defence on two counts under s12 Dangerous Drugs Act (possession)