SOON PING KIONG

SOON PING KIONG

On maximum evaluation of prosecution witnesses and documents the court was satisfied beyond reasonable doubt that OKT1 and OKT2 had custody, control and knowledge of the seized drugs and engaged in trafficking; subsequent conduct and the physical facts (observation of OKT1 carrying the box, possession of keys,...

Source-derived case information.

Citation
BA-45A-41-03/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Soon Ping Kiong; Defendant: Miss Prakat Tachan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 June 2025
Case Number
BA-45A-41-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Conviction and Sentencing; Notice of Appeal Filed
Outcome
Defendants convicted on drug trafficking and related counts and sentenced
Legal Topics
Possession, Trafficking, Joint Liability (s34), Admissibility/hearsay, Chain of Custody, Presumption of Knowledge (s37)
Criminal Law Narcotics Law Evidence Law Sentencing Possession Trafficking Joint Liability (s34) Admissibility/hearsay +2 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecution

Soon Ping Kiong

Defendant

Miss Prakat Tachan

Defendant

Procedural Posture

Criminal / Conviction and Sentencing; Notice of Appeal Filed

  1. 1 Whether prosecution proved possession, control and knowledge of drugs
  2. 2 Whether defendants committed trafficking under s2 and s39B ADB 1952
  3. 3 Admissibility of hearsay evidence and relevance of subsequent conduct (s8 Evidence Act)

Ratio Decidendi

On maximum evaluation of prosecution witnesses and documents the court was satisfied beyond reasonable doubt that OKT1 and OKT2 had custody, control and knowledge of the seized drugs and engaged in trafficking; subsequent conduct and the physical facts (observation of OKT1 carrying the box, possession of keys, location of luggage in the living area) supported possession and knowledge; CCW had no proven nexus to the seized drugs; accordingly convictions under the cited drug and poisons statutes were maintained and concurrent custodial sentences imposed.

Court Disposition

Defendants convicted on drug trafficking and related counts and sentenced

Orders

  • BA-45A-41-03/2022: Soon Ping Kiong convicted under s39B ADB 1952 and sentenced to life imprisonment (treated as 30 years) from 17.11.2020; no whipping; sentence to run concurrently with other sentences.
  • BA-45A-42-03/2022: Soon Ping Kiong and Miss Prakat Tachan convicted under s39B ADB 1952 and each sentenced to life imprisonment (30 years) from 17.11.2020; no whipping; sentences to run concurrently with other sentences.