Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Admissibility/hearsay

  • 6 Jun 2025

    1. ) SOON PING KIONG 2. ) MISS PRAKAT TACHAN

    Citation
    BA-45-60-11/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45-60-11/2022 (Mahkamah Tinggi)

    On maximum evaluation of prosecution evidence the court found identity and chain of custody of seized drugs proven, that Soon Ping Kiong was observed carrying the box into the car and that both defendants had control, custody and knowledge of the bags in the house (subsequent conduct and exclusive access supported inference of knowledge); CCW allegations were unsupported and hearsay; therefore elements of trafficking and joint liability under s.34 were proved beyond reasonable doubt, warranting conviction and concurrent custodial sentences.

  • 6 Jun 2025

    SOON PING KIONG

    Citation
    BA-45A-41-03/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-41-03/2022 (Mahkamah Tinggi)

    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.