Malaysia Case Law: Decisions & Judgments

Topic

Smuggling

Legal area

Court

13 Jan 2025

NGO YU WHEE

Citation

CA-83-92-03/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-83-92-03/2022 (Mahkamah Majistret)

Prosecution proved each element of possession and knowledge of prohibited uncustomed cigarettes beyond reasonable doubt; statutory presumptions under s119 and s135(2) were not rebutted by the defendant; recorded statements and corroborating forensic and valuation evidence established offence under s135(1)(d) Customs Act 1967; defendant convicted and sentenced accordingly.
24 Sept 2023

[Jabatan Kastam Diraja Malaysia (KDRM)] LIONG MENG SOH

Citation

83-18-02/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

83-18-02/2020 (Mahkamah Majistret)

Prosecution established that the accused had conscious possession and control of a large quantity of prohibited cigarettes found in his registered vehicle; classification and valuation by authorised customs officers established the goods were prohibited and duty unpaid; statutory presumptions under s.119 and s.135(2) were not rebutted on balance of probabilities by the defence; evidential chain and exhibits were sufficiently identified and admissible; defence account was an uncorroborated denial that did not raise reasonable doubt; therefore guilty under s.135(1)(d) read with s.135(1)(v)(aa).
7 Apr 2023

1. ) HIEW KA HING 2. ) WONG MUN LOONG

Citation

CB-83-65-03/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-83-65-03/2020 (Mahkamah Majistret)

Although prosecution established seizure, classification, valuation and an unbroken chain of custody, it failed to prove beyond reasonable doubt that both accused had knowledge and the requisite joint intent to evade the import prohibition; the defence raised a credible reasonable doubt (transport-for-hire explanation, owner SD4 admitted placing goods), therefore accused are acquitted and discharged.
27 Feb 2023

HAIRIE AZRUL BIN MAT LAZIM

Citation

TA-83-303-08/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-83-303-08/2019 (Mahkamah Majistret)

Prosecution proved beyond reasonable doubt that the seized cigarettes were prohibited goods and that the defendant was in possession with knowledge: circumstantial evidence (observations of police, defendant pointing out storage locations, lab/classification reports, absence of lawful importation documents or valid stamps, defendant's conduct of crying and pleading) established mens rea; section 119 presumption applied and was not rebutted; conviction under s135(1)(d) Customs Act 1967 followed and sentence and ancillary orders were appropriate.
27 Dec 2022

1. ) LIEVON A/L CHING 2. ) NITTHIRA RATTHANAPHAN A/P PERAT JUN

Citation

AQ-83-71-06/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AQ-83-71-06/2021 (Mahkamah Majistret)

Prosecution failed to establish a prima facie case because evidence indicated seized liquor was brewed and packed locally (not imported) so the crucial element that goods were prohibited imports was not established; the charge was also defective and ambiguous by alleging subahat without specifying which mode under abetment provisions, causing prejudice to accused. The burden which may have shifted under s119 was effectively discharged by prosecution's own evidence. Consequently it was unsafe to call accused to defend and they were discharged without being called to enter defence.
7 Dec 2022

SHAFWAN BIN ABDULLAH

Citation

TA-83-311-08/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-83-311-08/2019 (Mahkamah Majistret)

Prosecution proved that the seized cigarettes were prohibited imports and properly valued; section 119 placed the burden on the accused to prove lawful import or payment of duties which he failed to discharge; circumstantial evidence (sole access to premises, tossing of remotes/access card, attempted flight, refusal to assist entry) established possession and guilty knowledge and therefore conviction under s.135(1)(d) Customs Act 1967 was warranted.
21 Aug 2022

1. ) MYINT AUNG 2. ) SEAH TIEN LYE 3. ) THU YA MYO 4. ) KHANT SI THU 5. ) ZAW MOE AUNG 6. ) WAI LIN TUN 7. ) TIN TUN AUNG 8. ) SOE THU RA 9. ) LIN HTET KYAW 10. ) AUNG KO KO LATT

Citation

JI-83-125-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JI-83-125-03/2021 (Mahkamah Majistret)

Court found prosecution proved all elements of Section 135(1)(a) Customs Act 1967: (1) the cigarettes were untaxed prohibited/imported goods, (2) the defendants as captain and crew participated in operation of MV Chita 2 carrying those goods into Malaysian territorial waters, and (3) knowledge and common intention could be inferred from conduct (attempted evasion, inconsistent manifest, Malaysian packaging). Section 46 presumption was inapplicable due to lack of requisite customs officer confirmation. TSS transit did not bar enforcement. Accordingly defendants were convicted and liable to for…
5 Aug 2019

ABDUL RAZAK BIN ABDUL SHUKOR

Citation

BA-42ES-1-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42ES-1-01/2019 (Mahkamah Tinggi)

The High Court held the trial judge's credibility and factual findings were supported by reliable evidence (CCTV, conduct at customs, choice of scanner, inconsistencies) and there was no misdirection of law; therefore the conviction was safe and the sentences were appropriate and are to be upheld (fines to be executed from date of appeal disposal; imprisonment terms to run concurrently and only consecutively after any imprisonment for default of fines).