Truong Cam Tu [Timbalan (TPR), Jabatan Peguam Negara]

Truong Cam Tu [Timbalan (TPR), Jabatan Peguam Negara]

The Court held that the prosecution proved beyond reasonable doubt that the appellant had physical control of the bag containing controlled substances together with her personal effects, and that her conduct plus the presence of weighing scales and cash supported an irresistible inference of knowledge; the weight of...

Source-derived case information.

Citation
W-05(M)-628-12/2019 (Mahkamah Rayuan)
Parties
Appellant: Truong Cam Tu; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
19 February 2021
Case Number
W-05(M)-628-12/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Judgment on Appeal (court of Appeal)
Outcome
Appeal dismissed in respect of the charges appealed (charges 1 and 2); convictions and sentences for those charges affirmed; court had earlier allowed appeal on charge 3 (not subject of this appeal) and prosecution did not appeal that decision.
Legal Topics
Possession With Knowledge, Presumption of Distribution Under Statutory Provision, Chain of Custody, Credibility of Arresting Officer, Absence of Fingerprint Evidence
Criminal Law Drugs Law Evidence Law Forensic Evidence Sentencing Possession With Knowledge Presumption of Distribution Under Statutory Provision Chain of Custody +2 more

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Parties

Truong Cam Tu

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal (court of Appeal)

  1. 1 Whether prosecution proved possession with knowledge and mens rea for drugs found in appellant's bag
  2. 2 Whether statutory presumption of distribution under section 37(da)(xvi) ADB 1952 applied and was rebutted
  3. 3 Whether reliance on single arresting officer's testimony was permissible without additional witnesses

Ratio Decidendi

The Court held that the prosecution proved beyond reasonable doubt that the appellant had physical control of the bag containing controlled substances together with her personal effects, and that her conduct plus the presence of weighing scales and cash supported an irresistible inference of knowledge; the weight of methamphetamine met the statutory threshold invoking the distribution presumption under section 37(da)(xvi) ADB 1952 which was not rebutted; credibility findings favoring the arresting officer were properly made and not to be disturbed, therefore convictions and mandatory sentences on the appealed charges were safe and affirmed.

Court Disposition

Appeal dismissed in respect of the charges appealed (charges 1 and 2); convictions and sentences for those charges affirmed; court had earlier allowed appeal on charge 3 (not subject of this appeal) and prosecution did not appeal that decision.

Orders

  • Appeal dismissed in respect of charges 1 and 2
  • Convictions and sentences imposed by the High Court for charges 1 and 2 are upheld and confirmed