[Pegawai Pendakwa] Wong Yaw Heng

[Pegawai Pendakwa] Wong Yaw Heng

Prosecution failed to establish a prima facie case of trafficking under s39B but proved identity of the drugs and that the accused had custody and control of the bags; under s167 the court amended charges to offences under s12(2) punishable under s39A(2) and s12(3); the presumption of knowledge under s37(d) applies on proof of custody/control; accused's unqualified guilty plea led to conviction on both amended charges and concurrent sentences were imposed, backdated to date of arrest.

Citation
BA-45A-102-09/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Wong Yaw Heng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 June 2024
Case Number
BA-45A-102-09/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal / Conviction and Sentencing
Outcome
Convicted on two amended charges and sentenced
Legal Topics
Trafficking, Possession and Custody, Presumption of Knowledge, Amendment of Charges, Prima Facie Burden, Sentencing and Mitigation
Source Language
Malay/English
Criminal Law Drugs and Narcotics Evidence Procedural Law Trafficking Possession and Custody Presumption of Knowledge Amendment of Charges +2 more

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Wong Yaw Heng

Accused

Procedural Posture

Criminal / Conviction and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case of trafficking under s39B Dangerous Drugs Act 1952
  2. 2 Whether the accused had possession, custody and control of the drugs seized
  3. 3 Whether the drugs were possessed for the purpose of distribution/trafficking

Ratio Decidendi

Prosecution failed to establish a prima facie case of trafficking under s39B but proved identity of the drugs and that the accused had custody and control of the bags; under s167 the court amended charges to offences under s12(2) punishable under s39A(2) and s12(3); the presumption of knowledge under s37(d) applies on proof of custody/control; accused's unqualified guilty plea led to conviction on both amended charges and concurrent sentences were imposed, backdated to date of arrest.

Court Disposition

Convicted on two amended charges and sentenced

Orders

  • Convicted on amended charges: (1) possession/trafficking related charge for Methamphetamine and (2) possession related charge for Ketamine.
  • Sentence 1: 8 years imprisonment and 10 strokes of the rotan for the offence under s12(2) punishable under s39A(2) Dangerous Drugs Act 1952 (Methamphetamine 3049.2 grams).