16 Apr 2024
[Jabatan Kastam Diraja Malaysia (KDRM)] Miss Konthong Chuenchom
- Citation
- KA-45A-23-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-45A-23-05/2019 (Mahkamah Tinggi)
The court found the prosecution proved trafficking beyond reasonable doubt; the defence was a bare denial and failed to rebut the statutory presumption of possession and knowledge under section 37(d) ADB 1952. Considering the large quantity, foreign origin and deterrence, the court exercised discretion under Act 846 to impose life imprisonment (30 years) rather than death, and ordered the sentence to commence from the date of sentence (not arrest). No whipping ordered because the offender is female under section 289(a) CPC.