Sim Chee Hung [ ]

Sim Chee Hung [ ]

The Court held the trial judge correctly found appellant had custody and control of the checked bag bearing tags and boarding pass in his name, was observed carrying it on CCTV, unlocked the secured bag, clothing with his DNA found inside, the drugs were concealed and present in a large quantity inconsistent with personal use; these facts supported an inference of knowledge and purpose to traffic, the innocent carrier defence failed, and the conviction under s39B(1)(a) DDA 1952 and death sentence were properly upheld.

Citation
B-05(M)-354-09/2020 (Mahkamah Rayuan)
Parties
Appellant: Sim Chee Hung; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
8 September 2022
Case Number
B-05(M)-354-09/2020 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
Appeal dismissed; conviction and death sentence affirmed
Legal Topics
Trafficking, Possession, Innocent Carrier Defence, Presumptions Under Dangerous Drugs Act, Misdirection, Standard of Proof Beyond Reasonable Doubt
Source Language
Malay/English
Criminal Law Drugs Law Evidence Procedure Trafficking Possession Innocent Carrier Defence Presumptions Under Dangerous Drugs Act +2 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 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sim Chee Hung

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether trial court fairly evaluated defence under s182A CPC
  2. 2 Whether there was misdirection amounting to non-direction
  3. 3 Whether elements of offence under s39B(1)(a) Dangerous Drugs Act 1952 were proved

Ratio Decidendi

The Court held the trial judge correctly found appellant had custody and control of the checked bag bearing tags and boarding pass in his name, was observed carrying it on CCTV, unlocked the secured bag, clothing with his DNA found inside, the drugs were concealed and present in a large quantity inconsistent with personal use; these facts supported an inference of knowledge and purpose to traffic, the innocent carrier defence failed, and the conviction under s39B(1)(a) DDA 1952 and death sentence were properly upheld.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed

Orders

  • Conviction under section 39B(1)(a) Dangerous Drugs Act 1952 and sentence of death affirmed
  • No interference with findings of fact or sentence; appeal dismissed