Soo Ting Yu [ ]

Soo Ting Yu [ ]

The Court accepted the trial judge's finding that the appellant, as the registered and sole occupant, pointed to the drugs which led to their discovery; that conduct was admissible and established knowledge and possession, and the large quantity supported trafficking under s39B DDA; no reasonable doubt was raised by the defence, so conviction is upheld while sentence was commuted due to mitigating factors.

Citation
B-05(M)-11-01/2022 (Mahkamah Rayuan)
Parties
Appellant: Soo Ting Yu; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
20 November 2023
Case Number
B-05(M)-11-01/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment (conviction Affirmed; Sentence Commuted)
Outcome
Conviction affirmed; original death sentence commuted to 30 years imprisonment and 12 strokes of the cane.
Legal Topics
Trafficking, Possession, Admissibility of Conduct/statements (s27/s8 Evidence Act), Section 39 B Dangerous Drugs Act, Death Penalty Commutation
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Sentencing Law Trafficking Possession Admissibility of Conduct/statements (s27/s8 Evidence Act) Section 39 B Dangerous Drugs Act +1 more

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Parties

Soo Ting Yu

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment (conviction Affirmed; Sentence Commuted)

Legal Issues

  1. 1 Whether the appellant had possession of the drugs found in hotel room 307
  2. 2 Whether the quantity and circumstances established trafficking under s39B DDA
  3. 3 Admissibility and evidential weight of the appellant pointing to the bed under s27/s8 Evidence Act

Ratio Decidendi

The Court accepted the trial judge's finding that the appellant, as the registered and sole occupant, pointed to the drugs which led to their discovery; that conduct was admissible and established knowledge and possession, and the large quantity supported trafficking under s39B DDA; no reasonable doubt was raised by the defence, so conviction is upheld while sentence was commuted due to mitigating factors.

Court Disposition

Conviction affirmed; original death sentence commuted to 30 years imprisonment and 12 strokes of the cane.

Orders

  • Appeal dismissed in respect of conviction
  • Appeal allowed in respect of sentence; death sentence substituted with 30 years imprisonment and 12 strokes of the cane