Pendakwa Raya [Jabatan Kastam Diraja Malaysia (KDRM)] v ONG BOON SIONG

jb-41lb-4-07-2024 High Court (Mahkamah Tinggi) 12 June 2025 • JB-41LB-4-07/2024

Catchwords

Criminal Appeal - Decision from the Magistrate’s Court - Charge under s. 135(1)(d) Customs Act 1967 – For loading prohibited goods onto a motorcar - Accused discharged and acquitted end of prosecution’s case - Prosecution appealed to the High Court – High Court ordered accused to enter his defence – Burden to rebut the statutory presumption – Under s. 135 (2) Customs Act 1967 on the accused – On a balance of probabilities - Accused’s defence – He has no knowledge of the prohibited goods - He was asked by his employer to drive the employer’s motorcar from Kulai to Batu Pahat – No prohibited goods in the motorcar along the journey - Employer asked the accused to park the motorcar park behind a restaurant – And not to lock the motorcar and leave the keys inside – Accused heard employer taking over the phone asking his workers to load goods into the motorcar – Accused's defence corroborated by friend’s evidence - Who followed him in the motorcar and was at the restaurant – Customs aware motorcar does not belong to the accused and belongs to one Chok Yuk Fui - Failure by Customs to locate and investigate the owner concerning the prohibited goods - Relevance of the words “minta settle” uttered by the accused during the raid to the Raiding officer – Whether accused’s defence rebutted the Prosecution’s case on the balance of probabilities – Prosecution failed to file written submissions – Despite Court giving extensions – Subsequently only incomplete submissions filed - Failure to serve the written submissions on the accused – Court not having the benefit of the prosecutions’ reasons attacking the Magistrate’s findings and decision - Whether the Magistrate erred in her findings - Principles of appellate intervention

Practice Areas

Criminal Appeal

Judges (1)

Suria Kumar a/l Durairaj Johnson Paul Delivered

Parties (2)

Pendakwa Raya Appellant Ong Boon Siong Respondent

Case Significance

Pendakwa Raya [Jabatan Kastam Diraja Malaysia (KDRM)] v ONG BOON SIONG is a High Court (Mahkamah Tinggi) decision dated June 12, 2025 (citation: jb-41lb-4-07-2024). The case was decided by Suria Kumar a/l Durairaj Johnson Paul.

What was the outcome of Pendakwa Raya [Jabatan Kastam Diraja Malaysia (KDRM)] v ONG BOON SIONG?

Pendakwa Raya [Jabatan Kastam Diraja Malaysia (KDRM)] v ONG BOON SIONG is a High Court decision dated June 12, 2025. The case was heard by Suria Kumar a/l Durairaj Johnson Paul. See the full judgment for details.