W-05(M)-171-04/2017 (Mahkamah Rayuan)

W-05(M)-171-04/2017 (Mahkamah Rayuan)

The Court held that prosecution proved custody and control of six boxes containing 83,408 grams methamphetamine; the trial judge properly invoked s.37(d) DDA thereby deeming possession and knowledge unless rebutted; the appellant failed to rebut on balance of probabilities; given the quantity and surrounding circumstances the acts of receiving/importing met the statutory definition of trafficking under s.2 DDA; therefore conviction and death sentence were safe and appeal dismissed.

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 on Appeal From High Court Conviction and Sentence
Outcome
Appeal dismissed; conviction and death sentence affirmed
Legal Topics
Trafficking, Possession, Presumption of Possession Under Statute, Use of CCTV Evidence, Burden of Proof on Rebuttal
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Trafficking Possession Presumption of Possession Under Statute Use of CCTV Evidence Burden of Proof on Rebuttal

Case Brief

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Parties

Ser Chee Yew

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeal From High Court Conviction and Sentence

Legal Issues

  1. 1 Whether named third parties (Steven and Ah Seong) were fabricated by the defence
  2. 2 Whether the trial judge failed to view or consider CCTV Exhibit P34 and whether that failure prejudiced the defence
  3. 3 Whether the trial judge failed to make a separate finding on the element of trafficking at the end of the defence case

Ratio Decidendi

The Court held that prosecution proved custody and control of six boxes containing 83,408 grams methamphetamine; the trial judge properly invoked s.37(d) DDA thereby deeming possession and knowledge unless rebutted; the appellant failed to rebut on balance of probabilities; given the quantity and surrounding circumstances the acts of receiving/importing met the statutory definition of trafficking under s.2 DDA; therefore conviction and death sentence were safe and appeal dismissed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed

Orders

  • Appeal dismissed
  • Conviction and death sentence affirmed