SEOW BOON SENG [TIMBALAN ]

SEOW BOON SENG [TIMBALAN ]

Conviction was unsafe because the trial judge failed to explain why co-accused with essentially the same defence was acquitted while appellant was convicted; that lacuna created a reasonable doubt as to appellant's guilt and required appellate intervention to quash the conviction.

Source-derived case information.

Citation
B-05(SH)-582-11/2023 (Mahkamah Rayuan)
Parties
Appellant: Seow Boon Seng; Respondent: Penda k wa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
2 July 2025
Case Number
B-05(SH)-582-11/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed; conviction quashed; appellant acquitted and discharged
Legal Topics
Possession, Trafficking, Statutory Presumption, Joint Liability (section 34), Evaluation of Evidence, Reasonable Doubt
Criminal Law Drug Offences Evidence Appellate Procedure Possession Trafficking Statutory Presumption Joint Liability (section 34) +2 more

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Summary, issues, holding and outcome

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Parties

Seow Boon Seng

Appellant

Penda k wa Raya

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether appellant had possession and knowledge of the drugs found
  2. 2 Whether statutory presumption of trafficking under section 37(da) ADB 1952 applied and was rebutted
  3. 3 Whether trial judge erred in convicting appellant while acquitting co-accused who gave substantially similar defence

Ratio Decidendi

Conviction was unsafe because the trial judge failed to explain why co-accused with essentially the same defence was acquitted while appellant was convicted; that lacuna created a reasonable doubt as to appellant's guilt and required appellate intervention to quash the conviction.

Court Disposition

appeal allowed; conviction quashed; appellant acquitted and discharged

Orders

  • Appeal allowed
  • Conviction of appellant set aside