[TIMBALAN ] 1. ) SEOW BOON SENG 2. ) WONG CHEW HEANG

[TIMBALAN ] 1. ) SEOW BOON SENG 2. ) WONG CHEW HEANG

Court found prosecution proved identity and net weight of methamphetamine (31,177.8g) with unbroken chain of custody and credible expert evidence; factual findings established accused's control and knowledge over the packages (possession) by direct and circumstantial evidence including seizure location, ownership links, digital images and witnesses; statutory presumption under s.37(da)(xvi) applied and was not rebutted by defence, therefore accused (Seow Boon Seng) was convicted under s.39B(1)(a) ADB and sentenced accordingly.

Citation
BA-45A-52-04/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Seow Boon Seng; Defendant: Wong Chew Heang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 November 2023
Case Number
BA-45A-52-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Prosecution (drug Trafficking) / Judgment and Sentencing After Conclusion of Trial
Outcome
Tertuduh 1 (Seow Boon Seng) convicted of trafficking methamphetamine; Tertuduh 2 (Wong Chew Heang) acquitted
Legal Topics
Possession, Trafficking, Statutory Presumption, Chain of Custody, Prima Facie, Sentencing
Source Language
Malay/English
Criminal Law Narcotics/drug Offences Evidence Possession Trafficking Statutory Presumption Chain of Custody Prima Facie +1 more

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Parties

Pendakwa Raya

Prosecution

Seow Boon Seng

Defendant

Wong Chew Heang

Defendant

Procedural Posture

Criminal Prosecution (drug Trafficking) / Judgment and Sentencing After Conclusion of Trial

Legal Issues

  1. 1 Whether the seized substance was methamphetamine and its net weight
  2. 2 Whether accused (Tertuduh 1) had possession (control and knowledge) of the drugs
  3. 3 Whether statutory presumption of trafficking under s.37(da)(xvi) ADB applies

Ratio Decidendi

Court found prosecution proved identity and net weight of methamphetamine (31,177.8g) with unbroken chain of custody and credible expert evidence; factual findings established accused's control and knowledge over the packages (possession) by direct and circumstantial evidence including seizure location, ownership links, digital images and witnesses; statutory presumption under s.37(da)(xvi) applied and was not rebutted by defence, therefore accused (Seow Boon Seng) was convicted under s.39B(1)(a) ADB and sentenced accordingly.

Court Disposition

Tertuduh 1 (Seow Boon Seng) convicted of trafficking methamphetamine; Tertuduh 2 (Wong Chew Heang) acquitted

Orders

  • Convicted under section 39B(1)(a) Akta Dadah Berbahaya 1952
  • Sentence: imprisonment for life, treated as 30 years from date of arrest pursuant to section 3 Criminal Justice Act 1953