16 Feb 2025
1. ) LEE CHIN HUAT 2. ) FONG WAI HON
- Citation
- KA-62D-482-10/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- KA-62D-482-10/2021 (Mahkamah Sesyen)
Although identity and weight of the drugs were proved by chemical analysis, the prosecution failed to prove exclusive possession, knowledge and joint intention because the stor was accessible to others, forensic linkage (fingerprints/DNA) and CCTV investigation were not done or preserved, and no prior common plan was shown; these failures created reasonable doubt and required acquittal.
- Possession
- Mens rea/knowledge
- Joint liability (section 34 penal code)
- Presumption of possession (s.37 dangerous drugs act 1952)
- Forensic proof (chemist, fingerprints, dna)
- Cctv and investigative omissions