SER CHEE YEW PUBLIC PROSECUTOR

SER CHEE YEW PUBLIC PROSECUTOR

Because the prosecution proved the appellant had custody and control of six boxes containing 83,408 grams of methamphetamine, the trial court properly invoked the statutory presumption under s.37(d) DDA, which the appellant failed to rebut on the balance of probabilities; given the quantity and circumstances this established trafficking under s.2 DDA and justified conviction and death sentence.

Citation
W-05(M)-171-04/2017 (Mahkamah Rayuan)
Parties
Appellant: Ser Chee Yew; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
20 August 2021
Case Number
W-05(M)-171-04/2017 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment Appeal Dismissed
Outcome
Appeal dismissed
Legal Topics
Drug Trafficking, Presumption of Possession (s.37(d) Dda), Definition of Trafficking (s.2 Dda), Death Penalty, Disclosure and CCTV Evidence, Burden of Proof, Adverse Inference (s.114(g) Evidence Act)
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Appellate Procedure Drug Trafficking Presumption of Possession (s.37(d) Dda) Definition of Trafficking (s.2 Dda) Death Penalty +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ser Chee Yew

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment Appeal Dismissed

Legal Issues

  1. 1 Whether the trial judge wrongly found alleged witnesses Steven and Ah Seong to be fictitious
  2. 2 Whether non‑viewing of CCTV Exhibit P34 by the trial court prejudiced the defence
  3. 3 Whether the trial judge failed to make a finding on the element of trafficking at the end of the defence case

Ratio Decidendi

Because the prosecution proved the appellant had custody and control of six boxes containing 83,408 grams of methamphetamine, the trial court properly invoked the statutory presumption under s.37(d) DDA, which the appellant failed to rebut on the balance of probabilities; given the quantity and circumstances this established trafficking under s.2 DDA and justified conviction and death sentence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; conviction and death sentence affirmed